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(영문) 서울중앙지방법원 2018.10.16 2017가단77672
구상금 청구의 소
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 76,803,58 and KRW 75,317,867 from July 21, 2017 to November 2017.

Reasons

1. Facts of recognition;

A. On December 30, 2015, Defendant B Co., Ltd. (hereinafter “Defendant Company”) concluded a “D Integrated Agency Contract” with D Co., Ltd. (hereinafter “D”) and “D Integrated Agency Contract in 2016.”

Meanwhile, from January 1, 2016 to December 31, 2016, the Defendant Company concluded the instant insurance contract with the Plaintiff, the insured, D, and the insurance period from January 1, 2016 to December 31, 2016, with the amount of insurance coverage of KRW 105,000,000, under the said agency contract, and entered into a performance guarantee insurance contract (payment) with the Plaintiff’s obligation to pay damages and the amount of sales on credit if the Plaintiff becomes liable to pay damages to D under the said agency contract. Accordingly, the Plaintiff issued the securities number E (payment guaranty insurance policy, and the Defendant Company issued it to D upon entering into the said agency contract.

According to the instant insurance contract, in the event that the insured event occurred due to the failure of the Defendant to pay the insured amount to the insured under the said agency contract, the Defendant Company shall pay the amount to the Plaintiff immediately, but the delay shall be deemed one year and 365 days from the day following the date of the payment of the insurance amount to the day after the full payment of the insurance amount, and the delay shall be paid by adding damages for delay in accordance with the interest rate

The overdue interest rate determined by the Plaintiff is 6% per annum for 30 days from the day following the payment date of insurance money, 9% per annum for 60 days from the following day, and 12% per annum for the following day.

B. The Defendant Company did not pay to D obligations under the above agency contract, and D claimed insurance money under the instant insurance contract to the Plaintiff.

Accordingly, on April 21, 2017, the Plaintiff paid KRW 75,317,867 to D obligations owed by the Defendant Company on behalf of the Defendant Company.

The damages for delay from April 22, 2017 to July 20, 2017, calculated on the basis of the above overdue interest rate determined by the Plaintiff, is KRW 1,485,721.

C. The plaintiff is the defendant company under the insurance contract of this case.

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