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(영문) 부산지방법원 2018.11.27 2018가단10544
구상금
Text

1. The Defendant’s KRW 132,00,000 as well as 5% per annum from April 21, 2018 to May 9, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. On November 29, 2016, the Plaintiff concluded a lease deposit and credit insurance contract (hereinafter “instant insurance contract”) under which the Defendant guarantees the obligation to return KRW 132,000,000 to the Export-Import Bank of Korea (hereinafter “Korea Export-Import Bank”) (from December 12, 2016 to January 10, 2019).

B. The Defendant failed to refund the lease deposit to the said bank upon the expiration of the lease contract period with the Nonparty bank, and on March 21, 2018, the Plaintiff paid KRW 132,000,000 of the insurance money to the Nonparty bank based on the instant insurance contract upon the claim for the insurance money from the Nonparty bank.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay damages for delay calculated by the ratio of 132,00,000 won of insurance proceeds paid by the plaintiff to the non-party company on behalf of the defendant of the non-party company and 15% per annum under the Civil Act from April 21, 2018 to May 9, 2018, the delivery date of the copy of the complaint of this case, which is the date of delivery of the copy of the complaint of this case, from April 21, 2018, which is 30 days after the payment date of the insurance proceeds to the non-party company after the plaintiff's insurance proceeds.

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.

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