logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.11.11 2016가단5065004
구상금 등
Text

1. Defendant A, B, and C are jointly and severally liable to the Plaintiff for KRW 113,830,780 and KRW 113,244,40 among them.

Reasons

1. Basic facts

A. On May 7, 2015, the Plaintiff entered into a guarantee insurance contract with Defendant A Co., Ltd. (hereinafter “Defendant Company”), and the Defendant Co., Ltd. entered into a guarantee insurance contract with the Nonparty Co., Ltd. for the guarantee of the payment of goods price pursuant to the goods transaction contract entered into with the Defendant Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), with the amount of insurance coverage as KRW 120 million, and the period of insurance was set from May 7, 2015 to May 6, 2016 (hereinafter “instant guarantee insurance contract”). At that time, Defendant B and C jointly and severally guaranteed the liability for compensation that the Defendant Co., Ltd will bear when the Plaintiff pays insurance money to the Plaintiff in relation to the instant guarantee insurance contract.

B. At the time of the conclusion of the instant guarantee insurance contract, the Plaintiff and the said Defendants immediately compensate for the insurance proceeds when the Plaintiff pays the insurance proceeds due to the policyholder’s failure to perform his/her obligations or obligations. In the event of delay, damages for delay shall be paid by adding the insurance proceeds to the delayed payment, and damages for delay shall be calculated by calculating the number of delayed days on a daily basis on the one-day basis from the day following the payment date of the insurance proceeds to the date of full payment to 365 days, and by calculating the rate determined by the company within the maximum overdue interest rate among the overdue interest rates of financial institutions under the Banking Act. (ii) The overdue interest rate determined by the Plaintiff pursuant to the said agreement is 6% per annum from the day following the payment date of the insurance proceeds to the 30th day from the date following the payment date of the insurance proceeds

C. As the Defendant Company did not pay insurance proceeds, Nonparty Company claimed insurance proceeds to the Plaintiff on January 29, 2016, the Plaintiff paid KRW 113,244,400 with insurance proceeds under the instant guarantee insurance contract to the Nonparty Company on February 23, 2016, and the remaining date as of March 25, 2016.

arrow