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(영문) 서울중앙지방법원 2016.12.20 2015가단164343
구상금
Text

1. The Defendant: (a) KRW 177,052,733 as well as the Plaintiff’s KRW 6% per annum from April 14, 2015 to May 28, 2015; and (b) May 29, 2015.

Reasons

1. Basic facts

A. On May 27, 201, the Plaintiff entered into a performance guarantee insurance contract (hereinafter “instant performance guarantee insurance contract”) with C Co., Ltd. (hereinafter referred to as “C”) to guarantee the obligation of contract deposit under the supply contract for the supply contract for the treatment shipbuilding and ocean construction, the purchase price of insurance, the purchase price of which is KRW 177,052,73, and the insurance period from November 13, 2010 to February 28, 2013.

B. At the time, D, on behalf of the E Co., Ltd. (the former trade name of the Defendant, F of the Co., Ltd., Jun. 1, 201, and “Co., Ltd. A” on January 18, 2013; hereinafter “Defendant”), jointly and severally guaranteed a liability for indemnity under the instant guarantee insurance contract (hereinafter “instant joint and several liability”).

C. On August 22, 2013, Daewoo Shipbuilding Construction claimed insurance money under the instant guarantee insurance contract to the Plaintiff on the ground that the insured event occurred due to the termination of the contract due to the nonperformance of obligation by C.

On April 13, 2015, the Plaintiff paid insurance money of KRW 177,052,733 to the Construction of Daewoo Shipbuilding.

F. C agreed to pay damages for delay calculated on a daily basis from the day following the date of payment of insurance money to the day of full payment of the insurance money paid by the Plaintiff at the time of the instant guarantee insurance contract by adding the damages for delay calculated by the rate set by the Plaintiff within the maximum overdue interest rate among the overdue interest rates of financial institutions under the Banking Act.

The rate of damages for delay determined by the Plaintiff shall be 6% per annum from the date following the payment date of insurance proceeds to the 30th day, 9% per annum from the following day to the 60th day, and 15% per annum from the following day to the

[Ground of recognition] without any dispute, Gap's evidence 1 through 5, Gap's evidence 12-1, 2, Eul's evidence 7, and 8 [A's evidence 2 (payment guarantee insurance agreement)] are as follows.

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