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(영문) 대구지방법원 2018.11.16 2018가단106880
구상금
Text

1. Defendant A’s KRW 50,000,00 and the Plaintiff’s annual rate of KRW 6% from February 3, 2018 to March 4, 2018, and March 5, 2018.

Reasons

1. The plaintiff's assertion

A. The plaintiff's assertion

1. Basic facts

A. The Plaintiff is a specialized guarantee agency that provides various services necessary for commercial transactions, etc., and the Defendant A is a policyholder of the instant guaranteed insurance contract, and the Defendant B acquired the real estate listed in the separate sheet owned by A as a sales contract.

B. On October 31, 2017, the Plaintiff entered into a performance guarantee insurance contract (hereinafter “instant performance guarantee insurance contract”) with the content that: (a) the policyholder and the insured are SK Energy Co., Ltd; (b) the insurance coverage amount of KRW 50 million; (c) the insurance period from February 22, 2017 to February 21, 2018; and (d) the content of the guarantee is “payment guarantee for foreign goods” (hereinafter “instant performance guarantee insurance contract”).

(See A) An application for approval for amendment to a certificate of No. 1, A, and A’s performance guarantee insurance.

However, from November 2017, Defendant A (CB) caused an insurance accident, such as delinquency in the payment of goods. At that time, SK Energy Co., Ltd. requested the Plaintiff to pay the insurance money under the instant guarantee insurance contract for the reason of delinquency in payment of the credit goods payment obligation of A around January 2018. On February 2, 2018, the Plaintiff paid KRW 50,000,000 insurance money to the Non-Party SK Energy Co., Ltd.

(A) Claim for the Insurance Money No. 3, A’s certificate of deposit No. 4). 2. Claim for indemnity against Defendant A

A. As seen above, as a policyholder who has caused the instant insurance accident, Defendant A is obligated to pay 50 million won of the insurance proceeds that the Plaintiff paid to Nonparty SK Energy Co., Ltd., the insured, and damages for delay.

B. Therefore, Defendant A, a policyholder himself/herself, is the Plaintiff’s KRW 50 million and the following day following the payment date of the above insurance money, with the rate of 6% per annum applicable to delay damages publicly announced by the Plaintiff from February 3, 2018 to March 4, 2018, and 9% per annum from March 5, 2018 to May 3, 2018.

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