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(영문) 부산지방법원 2017.04.04 2016가단16814
구상금 등
Text

1. Defendant A and B jointly and severally agreed with the Plaintiff 68,289,838 won and its related amount from June 24, 2015 to July 23, 2015.

Reasons

1. Facts of recognition;

A. On December 26, 2014, the Plaintiff concluded a guarantee insurance contract (hereinafter “instant insurance contract”) with Defendant A Co., Ltd. (hereinafter “Defendant Company”) and Defendant Hyundai Heavy Industries Co., Ltd. (hereinafter “former Heavy Industries”), for the purpose of planned production of a medium voltage breaker program, for the guarantee of payment of private supply materials under the supply contract other than MOV TIP, the insured was determined as KRW 144 million for Hyundai Heavy Industries, the insured amount as the insurance period from December 26, 2014 to January 20, 2016 for the payment guarantee of private supply materials (hereinafter “instant insurance contract”).

B. The instant insurance contract provides that where the Plaintiff paid insurance money to Hyundai Heavy Industries due to the Defendant Company’s failure to perform its obligation or obligation to Hyundai Heavy Industries, the Defendant Company immediately redeems the insurance money to be paid, and if so, the Defendant Company shall pay damages for delay calculated by adding the damages for delay at the rate publicly notified by the Plaintiff from the day following the date of payment of the insurance money to

C. Defendant B guaranteed the Defendant Company’s obligation to the Plaintiff according to the instant insurance contract.

On April 29, 2015, the Defendant Company filed a claim for insurance proceeds under the instant insurance contract with the Plaintiff on May 26, 2015, as the occurrence of a guarantee accident, such as the payment of dishonor, etc. on or around April 29, 2015, and the Plaintiff paid KRW 68,289,838 to the Hyundai Heavy Industries on June 23, 2015.

The rate of delay damages publicly announced by the Plaintiff at the time is 6% per annum from the date following the date of payment of insurance proceeds to 30 days, 9% per annum from 31 to 90 days, and 15% per annum from the date after 90 days elapsed.

E. Meanwhile, on April 6, 2015, Defendant B entered into a pre-sale agreement (hereinafter “instant pre-sale agreement”) with Defendant C on each real estate listed in the separate sheet (hereinafter “instant real estate”) and completed the provisional registration of the right to claim ownership transfer (hereinafter “instant provisional registration”) on April 6, 2015 as Busan District Court’s Busan District Court’s receipt No. 12884 on April 6, 2015.

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