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(영문) 부산지방법원 2016.07.12 2015가단213854
구상금등 청구의 소
Text

1. Defendant A and B: (a) up to KRW 93,453,981 for each Plaintiff and the Plaintiff’s respective amount of KRW 100,00,000; and (b) March 11, 2015 for each Plaintiff.

Reasons

1. Facts of recognition;

A. On March 28, 2013, the Plaintiff concluded a performance guarantee insurance contract (hereinafter referred to as “instant insurance contract”) with the insured, setting the insurance amount as KRW 120 million from April 1, 2013 to March 31, 2015, in order to guarantee the performance of the credit goods payment obligation to D and D Co., Ltd. (hereinafter “E”).

B. The instant insurance contract provides that where D pays insurance proceeds to E due to the failure of D to perform its obligations or obligations to E (hereinafter “insurance accident”), D shall immediately repay the amount equivalent to the insurance proceeds paid by the Plaintiff, and if it is delayed, D shall pay damages for delay calculated by adding damages for delay at the rate publicly notified by the Plaintiff from the day following the date of payment of insurance proceeds to the date of full payment.

In addition, in the event of an insurance accident, even if there is no prior notice or peremptory notice from the plaintiff, it is determined that the plaintiff bears the obligation of advance indemnity.

C. Defendant A and B guaranteed their respective obligations against the Plaintiff under the instant insurance contract up to KRW 100 million. D.

Around February 4, 2015, D had a guarantee accident that prevents D from paying the price for the goods of KRW 93,453,981 for E. On February 13, 2015, E claimed insurance proceeds under the instant insurance contract to the Plaintiff on February 13, 2015, and the Plaintiff paid KRW 93,453,981 to E on March 10, 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. On the other hand, on February 13, 2015, Defendant B concluded a mortgage contract (hereinafter “instant mortgage contract”) with Defendant C on the real estate listed in the separate sheet (hereinafter “instant real estate”). Defendant C received on the same day from Busan District Court’s Dong Branch on February 13, 2015.

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