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(영문) 서울중앙지방법원 2017.01.11 2016가단61793
구상금
Text

1. The Defendant’s KRW 50,986,301 within the limit of KRW 65,000 and KRW 50,000 among the Plaintiff and the Plaintiff’s KRW 50,00,000.

Reasons

1. Basic facts

A. (1) On October 16, 2014, the Plaintiff entered into an insurance contract for performance guarantee (payment) as shown in attached Form A with A (hereinafter “instant performance guarantee contract”) (hereinafter “instant performance guarantee contract”).

(2) At the time of the conclusion of the instant performance guarantee contract, the Plaintiff and A agreed to pay the insured amount to the Plaintiff immediately after the occurrence of an insured incident, and to pay the insured amount in addition to the rate determined by the Plaintiff from the day following the date of payment of the insurance amount to the day of full payment in the event of delay. (2) On October 16, 2014, the Defendant jointly and severally guaranteed the Plaintiff’s indemnity liability under the instant performance guarantee contract.

(hereinafter “instant guarantee agreement”). B.

1) The Plaintiff’s insurance money is paid 1) C&C Co., Ltd. (hereinafter “C&C”)

Before 2015, a part of the freight due before August 15, 2015 was not paid normally, and as of September 2015, the remainder is KRW 70,632,276.

2) On December 16, 2015, the Plaintiff paid KRW 50,000,000 insurance money under the instant performance guarantee contract to the Korea Transportation Agency. As of March 15, 2016, the fixed delay damages as of March 15, 2016, which became 60 days from the date of the payment of insurance money, are KRW 986,301, and the rate for delay damages determined by the Plaintiff is 12% per annum where 60 days have elapsed from the date of the payment of insurance money. [Reasons for recognition: there is no dispute: the fact that there is no dispute, the entries in subparagraphs A through 6, and evidence, and the purport of

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendant is in accordance with the agreement ratio of 12% per annum from March 16, 2016 to April 20, 2016, the delivery date of the complaint in this case, and the annual rate of 15% per annum from the next day to the day of full payment, as to the Plaintiff’s principal amount of KRW 50,986,301 and its principal amount of KRW 50,000,000.

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