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(영문) 서울중앙지방법원 2018.08.23 2018가단5050013
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 337,820,580 and KRW 331,285,640, respectively, from December 28, 2017 to December 28, 2017.

Reasons

1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 through 4 as to the cause of the claim and the entire arguments, each contract for a guarantee insurance contract listed in the attached Table (hereinafter "the insurance contract of this case") with the plaintiff and C Co., Ltd. (hereinafter "non-party company") was jointly and severally guaranteed by the Defendants. In the instant insurance contract, "where the policyholder fails to perform the main contract with the insured and the plaintiff is to pay the insurance proceeds to the insured, the policyholder and the joint guarantor agreed to pay the insured amount immediately, in addition to the delay damages (the applicable rate publicly notified by the plaintiff), if the plaintiff is delayed to pay the insurance proceeds to the insured," and thereafter, the non-party company paid KRW 31,285,640 to the North Daejeon District Office, the insured on September 28, 2017, the applicable rate publicly notified by the plaintiff from December 28, 2017 to December 34, 2017, and damages for delay can not be acknowledged.

The defendants asserted that it is unfair to claim against the defendants only for the claim for reimbursement that the plaintiff has not been paid according to the authorization of the rehabilitation plan, since the rehabilitation procedure against the non-party company, which is the principal debtor, is under way. However, the above claim does not in itself prevent the plaintiff's claim or suspend the implementation of the defendants. Therefore, it is rejected as it is without merit.

2. If so, the Defendants jointly and severally agreed to the Plaintiff KRW 337,820,589 (i.e., KRW 331,285,640, KRW 6,534,99) out of the total sum of the above-paid insurance proceeds and damages for delay (=337,820,580, and the principal paid by subrogation, KRW 331,285,640, which is the day following the above base date, is clearly recorded as the date of final delivery of the instant complaint from December 28, 2017 to March 23, 2018.

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