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(영문) 춘천지방법원원주지원 2016.04.07 2015가단8154
구상금
Text

1. Defendant A’s interest rate of KRW 30,437,530 and KRW 20,473,820 among the Plaintiff shall be from March 3, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The plaintiff is a company running the insurance business.

B. On June 3, 2008, the Plaintiff entered into a guarantee insurance contract with Defendant A (hereinafter “instant guarantee insurance contract”) with the following content.

(2) On May 26, 201, some of the terms of the instant guaranteed insurance contract were modified. (1) The insured amount of the guaranteed insurance contract: 27,428,000 won: 27,428,000 won: the insurance period: from June 3, 2008 to November 30, 2012: the content of the guaranteed insurance contract (4) from June 3, 2008 to the conversion of mountainous districts: the guarantee of deposit for expenses for restoration due to conversion of mountainous districts:

C. The purpose of the instant guarantee insurance contract is to compensate the Defendant A, who is a policyholder, for the damages incurred by the Sungsung-gun Office, due to the failure of the Defendant A, a policyholder, to perform the payment obligation under the said contract between the Defendant A and the Gosung-gun Office, the insured, within the scope of the amount of the said insurance coverage.

Accordingly, Defendant A, the policyholder, did not comply with the main contract to the High Military Administration, the insured, and agreed to pay the insurance proceeds under the above agreement to the Plaintiff by the High Military Administration, the insured, and if the Plaintiff paid them, Defendant A agreed to pay the insurance proceeds paid by the Plaintiff and the overdue interest determined by the Plaintiff from the day following the due date for the payment of the insurance proceeds paid by the Plaintiff and the overdue interest determined by the Plaintiff when there is a change in the overdue interest rate of the financial institution.

E. Defendant B guaranteed the said obligation owed by Defendant A to the Plaintiff within the scope of KRW 35,656,400.

F. After that, Defendant A’s failure to comply with the above state contract concluded with the High Military Administration that is the insured, thereby resulting in the breach of the contract at the High Military Administration that is the insured. 27,428.

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