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(영문) 서울중앙지방법원 2019.07.19 2018가단5262847
구상금
Text

1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

2. The Defendant (Counterclaim Plaintiff) is KRW 20,394,520, and the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On August 2015, the Plaintiff entered into a guarantee insurance contract (payment) with the Defendant with the following content (hereinafter “instant guarantee insurance contract”).

Securities Number C Insured D Co., Ltd. insurance coverage amounting to KRW 20,000,000 insurance coverage period of August 25, 2015 to August 24, 2017, insurance company's fee repayment guarantee obligation of insurance company with guarantee content D Co., Ltd.

B. Article 3(1) and (2) of the Guarantee Insurance Contract provides that “If the Plaintiff pays insurance money to the insured due to the failure of the Defendant’s obligation or obligation guaranteed by the Plaintiff, which is the policyholder, the Defendant shall immediately pay the insurance money, but if delayed, the payment shall be made in addition to damages for delay for the payment of the insurance money, and the above damages for delay shall be calculated by multiplying the payment insurance money by the interest rate applied to the damages for delay publicly notified by the Company on a daily basis, counting the number of days from the day following the payment date of the insurance money to 3

C. Since then, D Co., Ltd., the insured who did not perform the obligation to refund fees under the main contract, claimed for the payment of insurance money under the instant guarantee insurance contract to the Plaintiff. Accordingly, on March 27, 2017, the Plaintiff paid KRW 20,000,000 of the insurance money under the instant guarantee insurance contract to D Co., Ltd..

The principal and interest repaid by the Defendant to the Plaintiff under the instant guarantee insurance contract is KRW 20,394,520 (= Principal KRW 20,000,000 for delay damages of KRW 394,520) as of June 25, 2017, and the agreed interest rate for delay damages from June 26, 2017 is 12% per annum.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the above facts, the defendant, barring special circumstances, totaling KRW 20,394,520 = principal amount of KRW 20,000,000.

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