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(영문) 수원지방법원 2016.04.06 2015나29890
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. A. Around October 5, 2009, the Defendant entered into a contract for goods supply with the Defendant to be supplied with printed paper from the Pester Co., Ltd. (hereinafter referred to as “Pester”).

B. Around October 2009, the Defendant entered into a guarantee insurance contract (hereinafter “instant guarantee insurance contract”) with the Plaintiff as to the payment guarantee for the credit goods price with the Pester, the Defendant agreed to pay the insurance proceeds to the Plaintiff immediately, but the Defendant shall pay damages for delay in addition to the interest rate set by the Plaintiff within the maximum overdue interest rate set by the Plaintiff from October 20, 2009 to October 19, 2010, when the Plaintiff paid the insurance proceeds to the Pester, and the Defendant agreed to pay damages for delay within the maximum overdue interest rate set by the Plaintiff from the date following the date of payment of the insurance proceeds to the financial institution under the Banking Act.

C. On November 2, 2010, the Decree: (a) on November 2, 2010, the Defendant’s credit sales amounted to KRW 9,781,752, and claimed insurance proceeds based on the instant guarantee insurance contract.

On December 10, 2010, the Defendant notified the Plaintiff that there is no need to pay the unpaid credit payment to the Plaintiff.

E. On December 24, 2010, the Decree filed a lawsuit against the Defendant for the claim for the payment of the goods at Seoul Southern District Court 2010Da249072, and on September 20, 2011, the said court rendered a judgment of winning the entire winning the judgment (including a judgment of provisional execution) that “the Defendant paid KRW 9,781,752 to the uer, and any delay compensation therefor,” and the said judgment was final and conclusive on September 13, 2012 (Supreme Court Decision 201Na1372, Seoul Southern District Court Decision 201Na1372, May 19, 2012).

F. The Plaintiff on October 24, 201.

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