logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.01.16 2016나20441
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.

Reasons

1. The reasons why the court should explain this part of the basic facts in this court are to dismiss “the plaintiff” of the third and fourth parallel of the judgment of the court of first instance as “the defendant company”.

1. The basic facts:

paragraph (e).

The following is the same as the statement in the corresponding part of the judgment of the court of first instance, which is used again as follows, and thus, it is cited by the main sentence of Article 420 of the Civil Procedure Act.

D. The rent for the temporary materials leased by the Defendant Company incurred a total of KRW 157,53,969 until December 2013. The Defendant Company paid total of KRW 125,292,805 won to the Plaintiff’s Intervenor by paying KRW 39,184,617 on October 1, 2013, KRW 30,047,498 on November 30, 2013, KRW 30,134,242 on November 30, 2013, KRW 38,134,242 on November 30, 2013, and KRW 17,926,448 on January 29, 2014.

On July 14, 2014, the Plaintiff’s Intervenor filed a claim for insurance proceeds on the ground that the Defendant Company did not perform the obligation to pay rent of KRW 32,261,764 ( KRW 157,553,969 - 125,292,805) out of the rent for the portion from August 14, 2013 to December 2013.

Accordingly, on August 5, 2014, the Plaintiff paid KRW 32,261,164 to the Intervenor joining the Plaintiff.

(hereinafter referred to as "the insurance proceeds of this case"). (e) The insurance proceeds of this case paid as above.

The Defendant Company agreed to immediately compensate the Plaintiff for the insurance money when the Plaintiff pays the insurance money to the insured in the instant guarantee insurance contract, and to pay damages for delay calculated by applying the overdue interest rate applied by the Plaintiff from the day following the date of the payment of the insurance money to the day of

The overdue interest rate applied by the Plaintiff shall be from August 6, 2014 to the same year.

9.4.6% per annum and 9% per annum from the following day to November 3 of the same year.

“”

2. Determination on the cause of the claim

A. (i) The Plaintiff Company did not pay KRW 32,261,164 out of the rent debt incurred from August 2, 2013 to December 2, 2013 during the insurance period under the instant Guarantee Insurance Contract as follows, and accordingly, the insured incident occurred.

arrow