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(영문) 서울중앙지방법원 2018.06.26 2016나77324
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. Basic facts

A. 1) Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”).

(B) On January 2015, 2015, a lotl corporation (the trade name before change: Dorens, Co., Ltd.; hereinafter referred to as “shots”) is limited to a lotl.

(2) On January 23, 2015, the Plaintiff entered into a performance guarantee insurance contract (hereinafter “instant contract”) with the Defendant Company to guarantee the Defendant Company’s liability for her slots under the said siren contract (hereinafter “instant contract”).

On the same day, Defendant B guaranteed the Defendant Company’s obligation under the instant contract to the Plaintiff.

Article 3 (Compensation for Loss and Bearing of Expenses) of the Guarantee Insurance Agreement for Payment Payment under Leren Contract between January 23, 2015 and January 22, 2018, which guarantees the insurance period of the policyholder's securities number insured, and the insurance period of the insurance contract, and the defendant C-A-C-A-A-A-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B

(2) The damages for delay referred to in paragraph (1) shall be calculated by calculating the number of delayed days per day and multiplying the insurance proceeds by the applicable interest rate applicable to the damages for delay publicly announced by the company on a daily basis from the day following the payment date of insurance proceeds to the full payment date

B. As the Defendant Company did not perform its obligation under the instant siren agreement with the relevant slot, the Plaintiff paid the insurance proceeds of KRW 18,611,224 on November 26, 2015, upon receiving a claim for insurance proceeds from the relevant slot.

C. Damages for delay in the amount of indemnity under the contract of this case, including the rate of interest rate for delay, shall be 6% per annum from the day following the date of payment of the Plaintiff's insurance money to 30

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