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(영문) 서울중앙지방법원 2014.08.14 2013가단281824
구상금
Text

1. The Defendants shall jointly and severally serve as KRW 300,000,000 on the Plaintiff and as a result, from August 10, 2013 to September 8, 2013.

Reasons

1. Determination as to the cause of claim

A. Fact 1) The Plaintiff: (a) around October 2, 2008, the Plaintiff: (b) around 2008, the insurance coverage amount of KRW 300 million with Defendant A; (c) the insurance coverage period from October 6, 2008 to October 23, 2013; and (d) the insured Korea ESN Co., Ltd. (hereinafter Nonparty Company is Nonparty Company).

A) The payment guarantee insurance contract for Defendant A’s non-party company to guarantee the repayment of the lease deposit (hereinafter “instant guarantee insurance contract”).

(2) Defendant B entered into the instant contract with the Plaintiff at the time of the said contract, and Defendant B entered into the instant contract with the joint and several sureties (hereinafter referred to as the “instant contract”).

(2) Around October 2008, Defendant A entered into a lease agreement with Nonparty Company and Sungnam-gu Seoul Special Metropolitan City C 105 (hereinafter “the instant building”) with the effect that the lease deposit amount of KRW 300 million and the contract term from October 24, 2008 to October 23, 2010 shall be set as two years and the business rights shall be guaranteed for five years.

3) On April 11, 2013, the instant building was sold through a voluntary auction, and the ownership was transferred on April 11, 2013. The non-party company filed a claim against the Plaintiff for insurance proceeds on May 3, 2013 due to an insurance accident. On August 9, 2013, the Plaintiff paid insurance proceeds to the non-party company KRW 300 million. (4) The Defendants agreed to pay the Plaintiff the insurance proceeds under the instant guarantee insurance contract within the maximum overdue interest rate set by the Plaintiff out by the Banking Act from the day following the date of payment of the insurance proceeds paid by the Plaintiff to the Plaintiff and the date of payment of the insurance proceeds to the date of full payment. The amount determined by the Plaintiff after the date of payment of the insurance proceeds is 6% per annum until the 30th day from the day following the date of payment of insurance proceeds, 9% per annum from the next day to the 90th day, and 15% per annum from the next day thereafter.

[Reasons for Recognition] Each entry of Gap's evidence Nos. 1 through 5, the purport of the whole pleadings

B. The above facts of recognition are examined.

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