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(영문) 서울중앙지방법원 2015.05.15 2013가합543666
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 315,085,454 and KRW 98,087,594 among them, from December 2, 2008 to 50.

Reasons

1. Basic facts

A. On June 23, 2008, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into the instant credit transaction agreement with the Plaintiff on the joint and several guarantee of Defendant B Co., Ltd. (hereinafter “Defendant B”), with the following terms and conditions (hereinafter “instant credit transaction agreement”).

Insurance policy holder: Defendant B insurer: The maximum trading amount of KRW 3,00,000,000: The insurance period for each case from September 10, 2007 to September 9, 2008: the guarantee limit amount of Defendant B from January 1, 2007 to December 31, 2016 is the same as the maximum trading amount, and it is promised that all obligations under the guarantee insurance contract arising under the instant limit trading agreement will be jointly and severally performed with Defendant A.

When Defendant A pays insurance money due to an insured event against against the Plaintiff’s failure to perform an obligation or obligation guaranteed by the Plaintiff, Defendant A and Defendant B shall reimburse the insurance money immediately, but if delayed, they shall compensate for the delayed payment by adding damages for delay to the insurance money.

Damages for delay shall be calculated by the rate determined by the plaintiff within the maximum overdue interest rate among the overdue interest rates of financial institutions under the Banking Act by calculating the number of delayed days per day on a daily basis from the day after the date of payment of insurance money to the day after the full payment of insurance money.

B. 1) The Defendant A entered into the instant guarantee insurance contract in the “insured” column of the “Contents of the instant guarantee insurance contract” under the following (hereinafter “the instant insured”).

2) The term “instant prime contract” as stated in the same table (hereinafter referred to as “instant prime contract”)

(2) Defendant A entered into a contract of this case with Defendant B to secure the payment of the credit goods and the warranty bond to be borne by Defendant A according to the instant main contract.

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