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(영문) 서울중앙지방법원 2015.06.25 2014가단48222
구상금
Text

1. Defendant A’s KRW 39,99,249 as well as the Plaintiff’s KRW 6% per annum from October 3, 2013 to March 29, 2014.

Reasons

1. Basic facts

A. The Plaintiff guaranteed the insurance amount covered by the policyholder’s insurance contract for performance (sale of goods) guarantee with Defendant A (hereinafter “instant guarantee insurance contract”) as follows (hereinafter “instant insurance contract”) and the insurance amount covered by the policyholder’s securities number insured as the insured, and guaranteed the payment guarantee for the sales of credit goods from November 1, 2012 to October 31, 2014.

B. In the instant guarantee insurance contract, if Defendant A fails to perform an agreement with the Dwork Home Co., Ltd., and the Plaintiff pays the insurance proceeds, Defendant A shall immediately compensate the Plaintiff for the insurance proceeds, but if delayed, Defendant A agreed to compensate by adding damages for delay at the interest rate as determined by the Plaintiff from the day after the date of payment of the insurance proceeds

(The interest rate in arrears applied by the plaintiff shall be 6% per annum from the day following the payment date of insurance money to 30 days, 9% per annum from the following day to the 60th day, and 15% per annum from the following day to the day of full payment).

At the time, Defendant B jointly and severally guaranteed KRW 36,400,000 out of the debts under the guarantee insurance contract of this case through the method of certification of the authorized certificate.

(hereinafter “instant joint and several sureties contract”). D.

As Defendant A did not comply with the agreement with Awork Home Co., Ltd., the Home Co., Ltd. claimed insurance money to the Plaintiff, and the Plaintiff paid KRW 39,99,249 to Dwork Home Co., Ltd. on October 2, 2013.

[Ground for Recognition: Facts without dispute, entry of Gap 1 through 5, purport of the whole pleadings]

2. According to the facts of the recognition of the claim against Defendant A, Defendant A is obligated to pay to the Plaintiff the amount of KRW 39,99,249 for indemnity and the amount calculated by the rate of 6% per annum from October 3, 2013 to March 29, 2014, which is the day following the payment date of insurance money, as the Plaintiff seeks from October 3, 2013 to March 29, 2014, and 20% per annum from the following day to the day of full payment.

3. Claim against the defendant B

A. The parties’ assertion (1) Defendant B.

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