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(영문) 대전지방법원 2018.06.07 2017가단28686
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 49,839,600 won and the period from November 30 to March 10, 2018.

Reasons

1. The fact that Defendant C Co., Ltd. (hereinafter “Defendant C”) entered into a guarantee insurance contract (hereinafter “instant insurance contract”) with the Plaintiff on January 17, 2017 to guarantee the payment of the purchase price for goods pursuant to the transaction agreement entered into with F Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). The Plaintiff and the purchase price of insurance was KRW 50 million, the insurance period was from January 16, 2017 to January 15, 2017; and the content that the insured is the Nonparty Co., Ltd.’s company (hereinafter “instant insurance contract”).

Defendant D and Defendant E Co., Ltd (hereinafter “Defendant E”) jointly and severally guaranteed Defendant C’s obligation based on the instant insurance contract.

According to the insurance contract of this case, when the plaintiff paid the insurance money to the insured as the defendant C did not pay the price for the goods, the defendant C paid the insurance money to the insured immediately, but if delayed, it is determined that the plaintiff will pay the amount calculated by adding the interest rate (6% per annum from the date following the payment date of the insurance money to the 30th day from the date following the payment date of the insurance money, 9% per annum from the next day to the 60th day, and 12% per annum from the next day

On November 29, 2017, the Plaintiff paid KRW 49,839,600 insurance money to the non-party company on the ground that Defendant C did not pay the goods to the Plaintiff.

[Ground for Recognition: Facts without dispute, Gap 1 through 4 (including each number), the purport of the entire pleadings (with respect to defendant C and defendant D), and the confessions (defendant E)]

2. Determination

A. According to the above facts, the Defendants jointly and severally calculated the amount of KRW 49,839,60 of the above insurance proceeds as stipulated in the instant insurance contract, and the amount of KRW 49,839,600 with respect thereto, as sought by the Plaintiff, from November 30, 2017, the day following the date of service of the complaint, to March 10, 2018, the rate of overdue interest rate of KRW 6% per annum and KRW 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the

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