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(영문) 부산지방법원 2015.03.10 2014가단58241
구상금
Text

1. The Plaintiff:

A. Defendant A and B jointly and severally share 84,941,835 won and 84,525,000 won among them.

Reasons

1. Facts of recognition;

A. On May 31, 2012, the Plaintiff entered into a performance (payment) guarantee insurance contract (hereinafter “instant guarantee contract”) with Defendant A Co., Ltd. (hereinafter “Defendant Company”) that operates environment-related technology service business, etc. on the following terms. At that time, Defendant B, the representative director of the Defendant Company, was jointly and severally guaranteed.

In addition, joint and several guarantee was made in the name of Defendant C, the wife of Defendant B.

(Joint and Several sureties under Defendant C’s name among joint and several suretiess, and the ceiling on the guarantee of the instant joint and several sureties is KRW 83,882,500. The insured: the insurance amount of the Korea Environmental Industry and Technology Institute: the insurance amount of KRW 84,525,00: the insurance amount of KRW 84,525,00: the guarantee contents from May 31, 2012 to June 30, 2013: the guarantee of compulsory repayment under the Support Project Convention;

B. The instant guarantee contract and the joint and several sureties contract were concluded on the Plaintiff’s website by means of digital signature affixed to the Plaintiff’s authorized certificate, and each contract was concluded by D, which is the head of the overall affairs team of the Defendant Company.

C. Thereafter, the Plaintiff paid KRW 84,525,000 insurance money to the Korea Environmental Industry and Technology Institute on April 24, 2014, when a guarantee accident occurred due to the unpaid royalties of Defendant Company.

According to the instant guarantee agreement, where the Plaintiff paid the insurance money to the insured due to the occurrence of an insured incident, the Plaintiff shall pay damages for delay at the rate determined by the Plaintiff within the maximum overdue interest rate among the general loan overdue interest rates of financial institutions under the Banking Act. Accordingly, from January 1, 2011, the rate of overdue interest determined by the Plaintiff is 15% per annum, and damages for delay incurred until May 24, 2014 for the above insurance money is 416,835 won.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The Defendant, the principal obligor of the instant guarantee agreement, based on the fact that the Plaintiff determined the claim against the Defendant Company and the Defendant B.

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