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(영문) 서울중앙지방법원 2018.08.20 2018나2386
구상금
Text

1. The judgment of the first instance, including the Plaintiff’s claim expanded by this court, is modified as follows.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is identical to the reasoning of the judgment of the court of first instance, and thus, it is also acceptable by the main sentence of Article 420 of the Civil Procedure Act.

2. The main part of the judgment of the court of first instance - the part of the 6th to 6th of the 7th of the 6th of the 6th instance.

C.(1) According to the overall purport of each of the statements and arguments set forth in Section 2, 20, and 21(including serial numbers) of the Guarantee Insurance Contract “When the Company fails to perform its obligations or obligations guaranteed by it (hereinafter “Insurance Contract”) and pays insurance money to the Insured, it shall promptly pay the insurance money, but if delayed, it shall pay the delayed payment in addition to the damages for delay on the Guarantee Insurance Contract.

“The delay damages under paragraph (1) shall be calculated by calculating the number of delayed days on a daily basis from the day after the payment date of the insurance proceeds to the day after the full payment date of the insurance proceeds and multiplying the insurance proceeds by the interest rate applied to the delay damages publicly notified by the company.

"Facts prescribed as "; the rate applicable to delay damages publicly announced by the Plaintiff during the period from January 1, 2016 to June 30, 2018 is 6% per annum for the period of 30 days in delay in repayment of payment insurance proceeds; 9% per annum for the period from 31 days in delay to 90 days in delay; and 12% per annum for the period from 90 days in delay. In this case, the agreed rate is 6% per annum for the period from January 30, 2016 to 30 days in delay from January 28, 2016, which is the day following the date of payment of insurance proceeds of the Plaintiff, until February 28, 2016, and the agreed rate is 9% per annum for the period from the next day to June 28, 2016, and the agreed rate for delay damages shall be 12% per annum.

(2) The defendant's assertion is judged.

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