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(영문) 부산지방법원 2012.04.19 2011가합9894
구상금 등
Text

1. Defendants A, B, C, D, and E are jointly and severally liable to the Plaintiff for KRW 240,000,000 and their related thereto from April 13, 2011 to May 12, 2011.

Reasons

1. The facts subsequent to the facts of the recognition do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings as to Gap evidence Nos. 1, 2, 5 through 7, 10 to 13, Eul evidence No. 1, 2, Eul evidence No. 1, 2, Eul evidence No. 3, Eul evidence No. 1 to 4, Eul evidence No. 4, 4 and 5, Hyundai Capital Co., Ltd., I, I, I, I, I bank Kim Sea Branch of Han Bank, and the fact-finding department of the Sho-gu Tax Office, and the whole purport of the arguments, and there is no counter-proof.

On February 24, 2010, Defendant A entered into an indemnity insurance contract with Defendant A, B, C, D, and E on the part of the Plaintiff to secure the payment of the intermediate wholesaler business guarantee money for his own self-agricultural products to his own self-agricultural products joint wholesale market, with the insured amount of KRW 240,00,000, and with the insurance period of the insurance period from February 12, 2010 to February 11, 201, and Defendant B, C, D, and E jointly and severally guaranteed all the obligations of Defendant A arising from the said insurance contract against the Plaintiff.

(2) According to the above insurance contract, when the company pays the insurance money due to the failure of the company to perform its obligation or obligation guaranteed by the company, the principal and the guarantor shall immediately reimburse the insurance money, but if delayed, shall compensate for the delayed payment by adding damages for delay to the insurance money to the payment. The above delayed payment damages shall be calculated by calculating the number of delayed days on a daily basis on the one-day basis from the day after the date of payment of the insurance money to the day after the full payment of the insurance money, by the rate set by the company within the maximum overdue

(The interest rate determined by the Plaintiff under the foregoing provision shall be 6% per annum from January 1, 201 to 30 days from the date following the due date, 9% per annum from 31 to 90 days, and 15% per annum from 90 days after the due date (3).

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