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(영문) 대전지방법원 2020.07.22 2020가단111632
구상금
Text

1. The Defendant’s KRW 89,706,600 and its weight, among the Plaintiff:

A. From February 21, 2020 to March 13, 2020, for KRW 70,434,825.

Reasons

1. In full view of the respective descriptions of Gap evidence Nos. 1 and 12 (including each number) as to the cause of the claim and the overall purport of the pleadings, the contents of the Guarantee Insurance Contract concluded between the plaintiff and the defendant are as follows.

The term "(dump truck) 2F under the Construction Machinery Lease Contract (dump truck G) 3 H" (dump truck G) under the Construction Machinery Lease Contract (dump truck I) 5 L" under the Construction Machinery Lease Contract (dump truck K) 5 L" under the Construction Machinery Lease Contract (dump truckM) 7D" contract (dump truck P) for the Construction Machinery Lease Contract (dump truck P) 8 QM 9" under the Construction Machinery Lease Contract (dump truck P) "(dump truck P) 9" under the Construction Machinery Lease Contract (dump truck (dump truck) (However, "creditor" and "debtor" shall be deemed the "Plaintiff"), and the agreed rate of delay damages determined by the plaintiff may be acknowledged as 6% per annum and 9% per annum from February 16, 2020.

Therefore, the Defendant is obligated to pay the Plaintiff damages for delay calculated annually from February 21, 2020 to March 13, 2020, with the agreed interest rate of 9,706,60 won, 200 won (the agreed interest rate of 70,434,85,00 won (the agreed interest rate of 6% per annum from February 14, 2020 to March 13, 2020) as to the Plaintiff’s total amount of 89,706,60 won (the agreed interest of 416,775 won + the agreed interest of 18,75,000 won per annum from March 13, 2020 to March 13, 2020).

2. On the part of the Defendant’s assertion, the Defendant paid KRW 20 million to U.S. Co., Ltd., a company affiliated with the insured, prior to the Plaintiff’s payment of the instant insurance proceeds. As such, the Defendant paid KRW 20 million in relation to K vehicle J, M vehicle L, and G vehicle F.

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