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(영문) 서울중앙지방법원 2017.01.24 2016가단84796
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 443,581,391 and KRW 370,624,260 among the Defendants.

Reasons

1. Facts of recognition;

A. (1) On September 29, 201, the Plaintiff entered into a performance guarantee insurance contract with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with the effect that: (a) the term of insurance was changed from October 1, 201 to September 30, 201 (e.g., the term of insurance until October 27, 2013); and (b) the amount of insurance coverage is KRW 396 million to guarantee service charges and the obligation to pay terminal charges provided by the Defendant Co., Ltd. (hereinafter “instant performance guarantee insurance contract”).

According to the instant performance guarantee insurance contract, when the Plaintiff pays the insurance money, the Defendant Company paid the insurance money and the damages for delay in addition to the interest rate determined by the Plaintiff from the day following the payment of the insurance money.

(The interest rate applied by the Plaintiff is 6% per annum from the day following the payment date of insurance money to 30 days, 15% per annum from the next day to December 31, 2015, and 12% per annum from the next day). (2) Defendant B and C guaranteed the obligation owed by the Defendant Company to the Plaintiff according to the instant performance guarantee insurance contract.

B. The Defendant Company did not pay insurance accidents and paid insurance proceeds to the case, and upon the claim of the case, the Plaintiff paid KRW 370,624,260 as insurance proceeds on July 28, 2014.

The damages for delay incurred until December 31, 2015 are KRW 72,957,131.

[Reasons for Recognition] Defendant B, C: The fact that there is no dispute, Gap evidence 1 through 5 (including the serial number), the purport of the whole pleadings

2. According to the above facts of determination, the Plaintiff paid insurance money to the insured following the occurrence of the insured event stipulated in the instant performance guarantee insurance contract. Accordingly, the Defendants jointly and severally pursuant to the instant performance guarantee insurance contract until December 31, 2015, pursuant to the Plaintiff’s indemnity insurance contract, until KRW 370,624,260, and December 31, 2015.

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