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(영문) 서울중앙지방법원 2015.05.12 2014나24128
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff shall be revoked.

2. Defendant E is Defendant H and the first instance co-defendant A, B, and C.

Reasons

1. Facts of recognition;

A. On March 13, 2012, the instant company concluded a performance guarantee insurance contract (hereinafter “instant performance guarantee insurance contract”) with the Plaintiff between December 16, 2011 and December 15, 2013, to secure the obligation to refund fees under the Korea Life Insurance Co., Ltd.’s agency contract for life insurance (hereinafter “Korea Life Insurance”) with the Plaintiff.

The overdue interest rate of the guaranteed insurance contract of this case is 6% per annum from the date following the payment date of insurance money to the 30th day, 9% per annum from the following day to the 90th day, and 15% per annum from the following day to the date

B. Around the time of the conclusion of the instant guarantee insurance contract, the agreement with the Defendants, B, D, F, and G’s digital signature is a joint and several guarantee agreement for all obligations to be borne by the Plaintiff based on the instant guarantee insurance contract (hereinafter “instant agreement”).

C. On March 22, 2013, the company of this case filed a claim with the Plaintiff for insurance proceeds under the instant guarantee insurance contract, and the Plaintiff paid KRW 100,000,000 as insurance proceeds to the life insurance as of May 15, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-5, Gap evidence 3, Gap evidence 4 and the purport of whole pleadings

2. Determination:

A. According to the facts of the determination as to the cause of the claim, barring any special circumstance, the Defendants shall jointly and severally with the instant company, B, C, D, F, and G for the amount of KRW 100,000 for indemnity to the Plaintiff, as the payment date of the said insurance money, and the agreed overdue interest rate of KRW 6% per annum from May 16, 2013 to June 15, 2013, which is the 30th day from the payment date of the said insurance money, and the agreed overdue interest rate of KRW 9% per annum from September 13, 2013, which becomes the 90th day from the following day, to October 9, 2013, which is the final delivery date of the copy of the instant complaint.

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