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(영문) 대전지방법원 2018.11.14 2018가단2827
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for a fee of KRW 564,786,00 and each year from February 1, 2018 to August 14, 2018.

Reasons

1. Basic facts

A. The Defendant A Co., Ltd. (hereinafter “Defendant A”) concluded a guarantee insurance contract with the Plaintiff in order to provide the Plaintiff’s guaranty insurance policy to guarantee the payment of waste disposal performance by neglecting the permission to operate waste disposal business to the Young-gun in Gangwon-do, and to ensure the payment of waste disposal performance by neglecting the permission, as follows:

(hereinafter “instant Guarantee Insurance Contract”). On May 21, 2015, the insured amount of the policyholder’s insurance coverage as the date of concluding the contract, the amount of the policyholder’s insurance coverage, and the amount of KRW 564,786,000 ( KRW 190,905,000 when concluding the contract) in Gangwon-do, Gangwon-do ( KRW 190,905,000) is the joint and several surety, the insurance period of the policyholder’s insurance coverage. B and C

B. The instant guarantee insurance contract provides that, where the Plaintiff paid the insurance money due to Defendant A’s failure to perform his/her obligation or obligation, Defendant A shall immediately repay the insurance money paid by the Plaintiff. In the event of delay, Defendant A shall pay damages for delay calculated at the interest rate publicly notified by the Plaintiff from the day following the date of payment of insurance

On the other hand, the overdue interest rate determined by the Plaintiff is 6% per annum from the day following the payment date of insurance money to the 30th day, 9% per annum from the 90th day, and 12% per annum thereafter.

C. However, as Defendant A’s failure to comply with an order for disposal of neglected wastes, the insured, the Young-gu Young-gun, the insured, claimed insurance proceeds to the Plaintiff. In response, the Plaintiff paid insurance proceeds equivalent to KRW 564,786,00 on January 31, 2017.

[Ground of recognition] Unsatisfy, entry in Gap evidence 1 through 4 (including each number for a case with a serial number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the Defendants jointly and severally filed a claim amounting to KRW 564,786,00 with the Plaintiff and KRW 6% per annum, which is the agreed delay interest rate, from July 26, 2018 to August 14, 2018, which is clear that the Plaintiff is the last delivery date of the complaint of this case.

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