beta
Text
1. The Plaintiff:
A. As to Defendant C Co., Ltd and D’s joint and several KRW 50,246,575 and KRW 50,000,000 among them, b.
Reasons
1. Facts of recognition;
A. On May 26, 2017, Defendant C Co., Ltd. entered into a continuous commodity transaction agreement with F Co., Ltd. to provide goods produced and sold, and Defendant C Co., Ltd jointly and severally guaranteed the obligation to pay goods to F Co., Ltd. pursuant to the said commodity transaction agreement.
B. On May 2018, the Plaintiff entered into a guarantee insurance contract with Defendant C Co., Ltd. with the content that, in order to guarantee the payment of credit goods payment to Defendant C Co., Ltd., the insured amount of KRW 50,000,000, and the insurance period from May 10, 2018 to May 9, 2019 (hereinafter “instant guarantee insurance contract”).
C. Meanwhile, Defendant D, the representative director of Defendant C Co., Ltd., performed the guaranteed obligation by paying insurance money pursuant to the instant guarantee insurance contract, etc., the Defendant C Co., Ltd. jointly and severally guaranteed the obligation for indemnity to be borne by the Plaintiff.
After that, Defendant C Co., Ltd failed to pay the F Co., Ltd. the amount of the F Co., Ltd. for the first time, and the Plaintiff paid KRW 50,000,000 as the insurance money to F Co., Ltd. on June 11, 2019 upon the claim for insurance money under the instant guarantee insurance contract of F Co., Ltd.
E. The rate of damages for delay stipulated in the instant guarantee insurance contract is 6% per annum from the day following the payment of insurance proceeds to 30% per annum, and 9% per annum from the following day.
[Ground of recognition] Plaintiff and Defendant C Co., Ltd., and D: Confession (Article 150(3) of the Civil Procedure Act) between the Plaintiff and Defendant E: The purport of each of the statements and arguments as to the evidence Nos. 1 through 6
2. Determination
A. According to the above facts of determination as to the claim against Defendant C Co., Ltd. and D, the Plaintiff is the insurance money to F Co., Ltd. for the credit goods amounting to KRW 50,000,000 according to the instant guarantee insurance contract.