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(영문) 서울중앙지방법원 2016.04.20 2015가단69615
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 25,926,139 and KRW 25,227,515 from February 28, 2015 to August 25, 2015.

Reasons

1. Facts of recognition;

A. Defendant A entered into an agency contract with original profit corporation.

B. In order to guarantee the payment of the sales amount under the above agency contract between the Plaintiff and the Plaintiff, Defendant A agreed to enter into a guarantee contract for performance (sale price) with the period from November 28, 2012 to November 27, 2014 (hereinafter “guarantee insurance contract”), and the Plaintiff paid the insured amount due to an insured event, Defendant B, C, and D jointly and severally guaranteed Defendant A’s obligation to the Plaintiff under the instant guarantee insurance contract within the limit of KRW 100,000,000,000.

C. After the occurrence of a guarantee accident, the Plaintiff claimed insurance proceeds from the Plaintiff. On November 4, 2014, the Plaintiff notified Defendant A of the receipt of a claim for the payment of insurance proceeds from original profit Co., Ltd. and of the receipt of the Defendant A’s opinion thereon, and the Plaintiff paid KRW 45,900,000 to original profit Co., Ltd. on November 24, 2014, as Defendant A did not raise any particular objection.

Meanwhile, the Plaintiff received reimbursement from the Defendants of KRW 20,672,485 and paid principal amounting to KRW 25,227,515 (=45,900,000-20,672,485). With respect to the amount of damages for delay incurred between February 27, 2015 and February 27, 2015 from the day after the date of the payment of insurance proceeds, the interest rate for delay under the instant surety insurance contract for the period after February 28, 2015 is 15 per annum.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 7 evidence (including each number), the purport of the whole pleadings

2. The assertion and judgment

(a)the cause of the claim;

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