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(영문) 서울중앙지방법원 2015.10.30 2015가단99876
구상금
Text

Defendant A. from March 21, 2015, as to KRW 39,653,731 and KRW 32,207,235 among them, jointly and severally for the Plaintiff.

Reasons

1. Basic facts

A. In order to guarantee the payment of a contract bond that Defendant A Co., Ltd. (hereinafter “Defendant Company”) should pay to Incheon Metropolitan City in accordance with the C New Construction Contract, the Plaintiff concluded a performance guarantee insurance contract (contract) with the Defendant Company and the insured as Incheon Metropolitan City on June 7, 2013, the amount of insurance coverage as KRW 54,707,235, and the insurance period as from June 7, 2013 to November 7, 2013.

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

(hereinafter “this case’s joint and several sureties contract”).

The above guarantee insurance contract between the plaintiff and the defendants and the above joint and several guarantee contract of this case were made by means of digital signature using an authorized certificate, and the joint and several guarantee contract of this case contains personal information and transaction passwords, such as Defendant B’s resident registration number, cell phone number, e

The Plaintiff and the Defendant Company agreed to pay the Plaintiff the insurance money paid by the Plaintiff to Incheon Metropolitan City due to the Defendant Company’s failure to perform its obligations under the above guarantee insurance contract with Incheon Metropolitan City, the insured, and the damages for delay determined by the Plaintiff Company, from the day following the date of payment of the insurance money to the day of full payment. Accordingly, the overdue interest rate after March 3, 2014 is 15% per annum.

E. After that, the Defendant Company did not perform its obligations under the said new construction contract, and the Plaintiff paid KRW 54,707,235 to Incheon Metropolitan City on December 2, 2013.

F. Of the insurance proceeds paid by the Plaintiff as of March 20, 2015, the remaining amount not paid by the Defendants is KRW 32,207,235, and the compensation for delay therefrom is KRW 7,446,496.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, Gap evidence 3, and 4, and the purport of the whole pleadings.

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