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(영문) 광주지방법원 2017.10.25 2017가단6578
구상금
Text

1. The Defendants jointly and severally agreed with the Plaintiff as to KRW 1,496,887,720 and KRW 877,200,00 among them, from March 11, 2017.

Reasons

1. Determination as to the claim against Defendant C

A. The facts of recognition 1) Defendant A corporation’s Dongyang Construction Project (hereinafter referred to as “Dongyang Construction Project”), and its name is omitted.

() On June 23, 2008, when concluding a marine construction contract, the Plaintiff entered into a performance guarantee contract as follows. On June 23, 2008, the insurance coverage period of the insured who is a joint and several surety for the contract is as follows. On June 23, 2008, if the Defendant A fails to perform the contract with the insured, the insured would lose the benefit of time, terminate the insurance contract, and claim the Plaintiff with the insurance money, the Plaintiff would pay the insurance money subrogated by subrogation within the insurance coverage amount. Defendant A agreed to immediately compensate the insurance money subrogated by the Plaintiff, but by adding damages for delay at the highest interest rate set by the Plaintiff within the insurance coverage of the general loan interest rate of commercial banks from the day following the date of payment of the insurance money at the time of delay, Defendant A agreed to compensate by adding the delayed interest rate set by the Plaintiff within the maximum interest rate of delay interest rate set by the Plaintiff.

3) As Defendant A failed to implement the construction contract, the insured claimed insurance proceeds from the Plaintiff. On February 17, 2012, the Plaintiff paid KRW 877,200,00 to the insured on or before March 10, 2017, the fixed damages for delay occurred in KRW 619,687,720, and the fixed damages for delay was 12% per annum after March 10, 2017, D died, and D died at 12% per annum as the heir of the networkD, while both Defendant C, Nonparty F, G, and H were given up inheritance, and the lower inheritors renounced inheritance.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

B. According to the above facts of determination, Defendant C is a joint and several surety of the above performance guarantee insurance contract, and as to the principal paid by the Plaintiff, jointly and severally with Defendant A, the principal debtor, and the amount of KRW 1,496,87,720, and interest for delay up to March 10, 2017, and the principal amount of KRW 877,20,000,000.

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