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(영문) 대전지방법원 2014.02.12 2012가합36061
구상금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 116,87,312 and 6% per annum from March 9, 2012 to April 7, 2012.

Reasons

Basic Facts

On August 31, 2010, the Intervenor joining the Plaintiff (hereinafter referred to as the “ Intervenor”) entered into a contract with Defendant A for the operation of the Korea Sports Center and its ancillary facilities (hereinafter referred to as the “instant facilities”). The main contents are as shown in the attached Form.

(hereinafter “instant consignment contract”). On August 31, 2010, the Plaintiff, a company running an insurance business, concluded a performance guarantee insurance contract with the Defendant setting the insured amount of KRW 150 million from September 28, 2010 to September 27, 2013 pursuant to Article 8(2) of the instant consignment contract with the Intervenor, the purchase price of insurance, and the insurance period of KRW 150,000,000. Defendant B and C jointly and severally guaranteed the indemnity liability to be borne by the Plaintiff when the Plaintiff pays the insurance amount in relation to the said guarantee insurance contract.

(2) Article 3(1) and (2) of the Guarantee Insurance Contract (hereinafter “instant Guarantee Insurance Contract”). When the Plaintiff paid the insurance proceeds, the Defendants immediately compensate for the insurance proceeds, but if delayed payment, the Defendants shall compensate for the delayed payment of the insurance proceeds. The damages for delay shall be calculated on a daily basis from the day after the date of payment of the insurance proceeds to the date of full payment to 365 days, and the amount of delayed interest determined by the Plaintiff within the maximum overdue interest rate among the overdue interest rates of financial institutions under the Banking Act. The interest rate determined by the Plaintiff is 6% per annum from the date following the date of payment of the insurance proceeds to the 30th day after the date of payment of the insurance proceeds, 9% per annum from the following day to the 60th day after the date of

In accordance with the instant consignment contract, Defendant A commenced the operation of the sports center from October 1, 2010 to the instant sports center. However, despite the occurrence of serious defects, such as wide leakage and rupture, the Intervenor did not perform the repair obligation under Article 12(3) of the instant consignment contract.

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