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(영문) 서울중앙지방법원 2016.11.04 2016가단25391
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 211,709,874 as well as KRW 206,947,254 as to the Plaintiff’s KRW 206,94.

Reasons

1. On June 11, 2013, the Plaintiff entered into a guarantee insurance contract (hereinafter referred to as “instant insurance contract”) with Defendant A (hereinafter referred to as “Defendant Company”) to guarantee the payment of damages and the cost of credit goods under the consignment agency contract (hereinafter “instant consignment agency contract”) with Nonparty Company, the purchase amount of insurance, the insurance amount of KRW 300,000,00, and the insurance period from June 111, 2013 to June 10, 2015, and Defendant B, the representative director of Defendant Company, was jointly and severally liable for reimbursement against the Plaintiff Company under the instant insurance contract.

On June 11, 2013, the letter of guarantee insurance agreement (Evidence A) and the letter of confirmation of partial joint guarantee amount of KRW 100,000,000 with respect to the insurance contract of this case was affixed with the seal impression of Defendant C on each column of joint and several guarantee amount (Evidence A No. 4).

On August 21, 2015, Nonparty Company filed a claim with the Plaintiff for insurance proceeds based on the instant insurance contract. By June 10, 2015, the expiration date of the insurance period stipulated in the instant insurance contract, the aggregate amount of damages and credit goods to be borne by Nonparty Company under the instant consignment agency agreement was KRW 206,947,254, and the Plaintiff repaid the amount of damages and credit goods to Nonparty Company on behalf of the Defendant Company on September 24, 2015 (hereinafter “instant subrogated amount”).

With respect to the instant subrogated payment, damages for delay incurred under the insurance contract of this case from September 25, 2015 to December 31, 2015, the date following the date of the payment by subrogation, shall be KRW 4,762,620, and the agreed interest rate for delay after January 1, 2016 shall be 12% per annum.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 10, and 11, the purport of the whole pleadings

2. Determination

(a) the underlying facts of the determination on the cause of the claim;

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