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(영문) 전주지방법원남원지원 2015.04.09 2014가합282
구상금 및 사해행위취소
Text

1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 188,119,00 and the Plaintiff’s amount from May 14, 2014 to June 14, 2014.

Reasons

1. Determination as to the claim against Defendant A, B, and C

A. 1) The Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant A”) on September 1, 2008.

(2) The term of the insurance contract and the term of the insurance contract are from September 1, 2008 to February 28, 2014; and KRW 188,119,000; and the amount of the insurance contract is determined as KRW 188,19,00; and the deposit for restoration expenses due to conversion of a mountainous district borne by Defendant A to South Korea (hereinafter “instant insurance contract”).

(2) Defendant B and C jointly and severally guaranteed the Plaintiff’s obligation under the instant insurance contract. Article 3(1) of the instant insurance contract provides that “When the company pays insurance money to the insured due to the failure of the principal’s obligation or obligation guaranteed by the principal, the principal and the guarantor shall immediately pay the insurance money, but if delayed, the amount shall be paid in addition to damages for delay to be paid.” Article 3(2) provides that “The delayed damages shall be calculated by multiplying the insurance money to be paid by the interest rate applied to damages for delay publicly notified by the company on a daily basis, counting the number of delayed days from the day after the payment date of the insurance money to the day after the full payment date by 365, and calculated by multiplying the interest rate applicable to damages for delay publicly notified by the company on a daily basis.” The rate applicable to damages for delay publicly notified by the Plaintiff is 6% per annum until the 30th day after the payment date of the insurance money to

3) On January 29, 2014, an insured incident occurred that Defendant A did not pay the deposit for restoration to the original state at South Korea. Accordingly, the Plaintiff paid KRW 188,119,000 insurance money at South Korea on May 13, 2014 according to the instant insurance contract. 【Ground for Recognition】 the fact that there is no dispute, Party A’s evidence Nos. 1 through 3 (including the serial number), and the purport of the entire pleadings.

B. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay the Plaintiff the amount of KRW 188,119,000 for indemnity and the damages for delay.

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