logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.01.09 2019가단5140883
구상금
Text

1. The Defendant’s KRW 74,287,609 and KRW 59,814,211 among the Plaintiff, respectively, shall be 9% per annum from July 1, 2018 to May 31, 2019.

Reasons

1. Basic facts

A. A. Around February 2015, the Defendant’s joint and several liability obligations (1) entered into a contract with C Co., Ltd. (former trade name: D Co., Ltd.; hereinafter “C”); the insured Co., Ltd. (hereinafter “E”); the period of insurance from February 24, 2015 to April 23, 2016; the amount of insurance coverage; the amount of insurance coverage; the amount of insurance coverage; the amount of insurance coverage; the amount of insurance coverage; the payment guarantee for telecommunications service charges under a contract for the provision of telephone services concluded between C and E (hereinafter “instant payment guarantee contract”); (hereinafter “instant payment guarantee contract”).

The Defendant jointly and severally guaranteed the obligation owed by C to the Plaintiff according to the instant payment guarantee contract.

(2) As C breached its contractual obligations, the Plaintiff paid KRW 59,814,211 to E on May 25, 2016 under the instant payment guarantee contract.

(3) According to the instant payment guarantee contract, C and the Defendant shall immediately repay the insurance proceeds when the Plaintiff paid the insurance proceeds, but if delayed, shall pay the insurance proceeds in addition to damages for delay, and the said damages for delay shall be calculated by calculating the insurance proceeds for delay as one year and 365 days from the date following the payment date of the insurance proceeds to the date of full payment, and by multiplying the insurance proceeds for payment by the interest rate applied to damages for delay publicly notified by the Plaintiff on a daily basis (Article 3(1) and (2). The interest rate applied before July 1, 2018 shall be 6% per annum from the date following the payment date to 30 days from the date of the insurance proceeds, 9% per annum from the 30th day after the payment date of the insurance proceeds, 12% per annum from the 60th day to the 60th day after the 60th day after the payment date of the insurance proceeds, and 9% per annum from the 30th day after the 30th day after the payment date of the insurance proceeds.

Accordingly, the fixed damages for delay for the payment of the above insurance money calculated by this is 14,473,398 won as of June 30, 2018.

B. C, such as rehabilitation procedures, filed an application for rehabilitation procedures with the Seoul Central District Court to commence rehabilitation proceedings on October 23, 2015.

arrow