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(영문) 춘천지방법원원주지원 2015.06.11 2014가단7413
구상금
Text

1. The Defendants jointly and severally pay KRW 17,773,325 to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that runs the insurance business.

B. On January 12, 201, the Plaintiff and Defendant A entered into a guarantee insurance contract between the Plaintiff and Defendant A. (2) The foregoing guarantee insurance contract between the Plaintiff and the Defendant entered into an authorizing and permitting insurance contract on January 12, 201. The content of the said guarantee insurance contract is that, in the event Defendant A’s failure to comply with an order to restore the land to its original state upon receiving an order to restore to its original state from the Crossing-gun, in violation of the permission for mountainous district conversion granted from the Crossing-gun to the Crossing-gun, the Plaintiff pays the insurance money to the Crossing-gun, the insured.

3) The insurance amount of the above insurance contract was KRW 203,128,00 at the time of the initial contract, and thereafter the insurance amount was changed to KRW 230,445,000, which was finally changed to KRW 249,458,00 (hereinafter referred to as the “instant insurance contract”).

4) Meanwhile, the Defendant A, the policyholder, agreed to pay the insurance money paid by the Plaintiff and the overdue interest (the modified overdue interest rate if there is a change in the interest rate) as determined by the Plaintiff from the following day after the date of payment of the insurance money paid by the Plaintiff when the Plaintiff pays the insurance money under the guarantee insurance contract for authorization and permission of this case.

The overdue interest rate determined by the Plaintiff is 6% per annum from the day following the payment date to the 30th day of the insurance proceeds, 31 to 90 days per annum, 9% per annum, and 15% per annum from the 90th day to the

C. Defendant B, C’s joint and several sureties, and C jointly and severally guaranteed the duty to be borne by Defendant A in accordance with the pertinent authorization and permission guarantee insurance contract.

The plaintiff did not comply with the restoration order that the defendant A received from the Crossing-gun (the restoration order seems to have been followed by the defendant A's failure to perform the purpose permitted by the defendant), and the Crossing-gun shall be the plaintiff on January 3, 2014.

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