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(영문) 서울중앙지방법원 2019.01.10 2018가단25005
구상금
Text

1. The Plaintiff:

A. As to KRW 114,801,460 and KRW 68,490,192 among them, Defendant E shall be from December 13, 2017 to June 18, 2018.

Reasons

1. Basic facts

A. On December 29, 2010, Defendant D entered into a lease insurance contract (securities number I; hereinafter “first insurance contract”) under which Defendant D entered into an insurance coverage amount of KRW 299,183,500, the insurance period of which is “three years from the date of issuance of a certificate of receipt of the leased object”, and “lease debt guarantee” with respect to a contract that leases the Plaintiff and H (hereinafter “H”) as the insured.

Since then, the insurance period was changed by January 10, 2015.

The J, the spouse of Defendant D, has jointly and severally guaranteed the obligation of Defendant D to the Plaintiff under the first insurance contract.

Around April 25, 2013, H claimed insurance proceeds of KRW 190,170,617 on grounds of the occurrence of the cause for termination of the contract to the Plaintiff, and the Plaintiff paid KRW 190,170,617 to H on June 12, 2013.

B. As the insured on June 30, 201, Defendant D entered into a restaurant contract (a contract amount: KRW 200,000,000, contract amount from June 30, 201 to June 30, 2013) with K and K as the insured on June 24, 201, Defendant D’s insurance amount of KRW 200,000,000, insurance period, “from June 30, 201 to June 30, 2013,” and implementation stipulated as “payment guarantee under a restaurant contract” with K to “payment guarantee (paid bond number L, hereinafter referred to as “instant insurance contract”).

AB concluded the agreement.

The spouse J of Defendant D guaranteed the obligation of Defendant D to the Plaintiff under the second insurance contract.

On June 11, 2013, K claimed for the payment of insurance proceeds to the Plaintiff on the grounds of Defendant D’s rehabilitation and bankruptcy, and the Plaintiff paid KRW 200,000,000 to K on July 19, 2013.

C. At the time of conclusion of each insurance contract, Defendant D and the guarantor pay the insurance proceeds as the Plaintiff did not discharge the obligation guaranteed by the Plaintiff, the Defendant D and the guarantor shall immediately compensate for the insurance proceeds, but if delayed, shall compensate for the delayed payment by adding damages for delay to the insurance proceeds. The damages for delay shall be paid in the insurance proceeds.

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