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(영문) 대구지방법원서부지원 2015.05.12 2013가단29060
구상금
Text

1. The Plaintiff:

A. Defendant A, B, and C are jointly and severally liable for KRW 150,715,060 and KRW 150,000,000 among them.

Reasons

Basic Facts

On July 19, 2012, the Plaintiff entered into a guarantee insurance contract (hereinafter “instant guarantee insurance contract”) with Defendant A Co., Ltd. (hereinafter “Defendant Company”) to guarantee the payment of credit goods payment for the Defendant Company, whereby the Plaintiff entered into an insurance contract for performance (hereinafter “instant guarantee insurance contract”) with the Intervenor of the Plaintiff (hereinafter “ Intervenor”), the insurance amount of KRW 150 million, and the insurance period from July 18, 2012 to July 17, 2013.

According to the instant guarantee insurance contract, if the Plaintiff pays insurance money, the Defendant Company shall pay to the Plaintiff the amount equivalent to the interest rate set by the Plaintiff (6% per annum from the day following the payment date until the 30th day after the payment date) from the following day to the day of full payment of the insurance money

As to the Defendant Company’s liability for reimbursement under the instant guarantee insurance contract, each joint and several guarantee contract was concluded in the name of Defendant B and C by means of digital signature using an authorized certificate, and the partial joint and several guarantee contract was concluded in the name of Defendant D up to KRW 100 million.

Afterward, the Plaintiff did not pay the price for goods to the Intervenor on September 16, 2013 in accordance with the instant guarantee insurance contract, the Plaintiff paid KRW 150 million to the Intervenor on September 16, 2013. The damages for delay from the day following the date of payment of the said insurance money until October 15, 2013 are KRW 715,060.

Defendant B and C are siblings of E and F, a form of punishment, and their private relationship.

[Grounds for recognition] In light of the facts without dispute, Gap evidence Nos. 1 through 6 (including a provisional number; hereinafter the same shall apply), witness G’s testimony, and the purport of the entire pleadings, the above facts of recognition as to the cause of claim as to the plaintiff, barring special circumstances, the defendant company, defendant B, and C are jointly and severally liable for reimbursement amounting to KRW 150,715,060 according to the guaranteed insurance contract in this case and each of the above joint and several surety contracts (=the principal amounting to KRW 150,000,000,000) and the principal amounting to KRW 150,000,000.

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