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(영문) 서울중앙지방법원 2014.09.24 2014가합20955
구상금등
Text

1. Defendant A and B: (a) KRW 238,651,00 for each Plaintiff; and (b) 6% per annum from March 13, 2014 to April 11, 2014 for each Plaintiff.

Reasons

1. Facts of recognition;

A. On June 22, 201, Defendant A and B entered into a guarantee insurance contract (hereinafter “the instant guarantee contract”) with the Plaintiff and the insured both owners, the insurance amount of KRW 238,651,000, and the insurance period from June 22, 2011 to May 21, 2015, with the content of the guarantee stipulated as “the restoration cost according to the permission for the mountainous district conversion for Yangju-si and E (hereinafter “instant permission”).

B. On February 2014, the Plaintiff claimed KRW 238,651,00 of the insurance money on the ground that “Defendant A and B did not restore to the original state following the revocation of the instant permission” from the Yangju market, and paid the said insurance money on March 12, 2014.

C. Under the instant guarantee agreement, Defendant A and B agreed to pay the Plaintiff a delay compensation in accordance with the rate set by the Plaintiff from the day following the date of payment of the insurance money for the former prize money and the amount equivalent to the insurance amount paid to the Plaintiff. The ratio is 6% per annum from March 13, 2014 to April 11, 2014, and 9% per annum from the following day.

On the other hand, on August 8, 2013, Defendant A completed the registration of ownership transfer based on a sales contract concluded on the same day with respect to the real estate listed in the attached list (hereinafter “instant real estate”).

[Grounds for recognition of Defendant A and B] Articles 208(3)2 and 150(3) (a) (based on the conclusion of a judgment made based on the conclusion of a confession) of the Civil Procedure Act / [Grounds for recognition of Defendant C] Articles 1 through 6, 7-1, and the purport of the whole pleadings

2. According to the above facts of recognition as to the claim against Defendant A and B, Defendant A and B shall pay to each of the Plaintiff the amount of KRW 238,651,00 for indemnity and 6% per annum, which is the agreed interest rate from March 13, 2013 to April 11, 2014, and 9% per annum from the following day to May 7, 2014, which is the delivery date of a copy of each of the instant complaint against the said Defendants, and 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

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