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(영문) 부산지방법원 2015.11.05 2015나40668
구상금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The following facts are found either in dispute between the parties or in full view of the respective descriptions of evidence A1, 2, 3, and 4 and the purport of the entire pleadings:

A. On May 28, 2013, the Plaintiff engaged in guarantee insurance business, and entered into a guarantee insurance contract with E and “insured: E, the insured Co., Ltd., Hambia, the insurance period from April 11, 2013 to April 10, 2015, the insurance amount of KRW 10 million, the details of the guarantee: the payment guarantee for the amount of credit goods.”

In the above contract, when the plaintiff paid the insurance money to the insured due to the insured event of the policyholder, E decided to immediately compensate the insurance money subrogated by the plaintiff, and if this is delayed, the delay interest rate of the financial institution under the Banking Act from the day following the payment date to the day of complete payment of the insurance money (6% per annum from the day after the payment date to 30% per annum, 9% per annum from 31 to 90% per annum, and 15% per annum from the 90th day after the payment date) shall be added.

B. Around May 28, 2013, a joint and several guarantee contract was concluded between the Plaintiff, F, and G to provide a partial joint and several guarantee for KRW 13 million out of the purchase amount of the said guarantee insurance contract.

(F) A joint and several surety contract between G and the Plaintiff was signed on the Plaintiff’s website through each authorized certificate in the name of F and G, and the said joint and several surety contract was signed by means of an authorized certificate in the name of F and G. (hereinafter “instant joint and several surety contract”).

On April 21, 2014, the insured events specified in the surety insurance contract have occurred, and the Plaintiff paid 5,611,900 won of the insurance money on May 21, 2014 to Mana Co., Ltd.

G (hereinafter referred to as “the deceased”) died on August 12, 2013, and as the inheritor of the deceased, Defendant A, B, C, and D, the wife, and Defendant A’s statutory inheritance portion is 3/9, Defendant B, C, and D.

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