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(영문) 서울중앙지방법원 2016.10.25 2015가단140668
구상금
Text

1. The defendant shall pay to the plaintiff KRW 65,262,465 as well as KRW 64,00,000 among them, from July 24, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement with the Defendant: (a) in order to cover liability for damages arising from franchise franchise agreements with the Defendant’s Korea Development Bank (hereinafter “Korea Development Bank”) (hereinafter “Korea Development Bank”); (b) around February 28, 2012, the Plaintiff entered into a franchise insurance agreement with the Defendant on February 28, 2012, with the insured Korea Development Bank Co., Ltd. (hereinafter “Korea Development Bank”); and (c) around February 28, 2012; and (d) the guaranteed amount of KRW 64,00,000.

In the event that the Plaintiff pays insurance proceeds to the Korea Development Bank due to the nonperformance of the Defendant’s obligation to the Korea Development Bank, the Defendant decided to compensate the Plaintiff for damages for delay at the interest rate applied by the Plaintiff from the day following the payment date of insurance proceeds

The overdue interest rate applied by the Plaintiff is 15% per annum from January 1, 2011 to December 31, 2015 (6% per annum from the date of payment of insurance money to 30 days, and 9% per annum from the following day to 60 days), and 12% per annum from January 1, 2016.

B. On April 24, 2015, the Plaintiff, upon receiving a claim for insurance proceeds due to nonperformance by the Defendant’s Korea Development Bank of Korea, paid KRW 64,00,000 as insurance proceeds to the Korea Development Bank of Korea.

From the date following the above payment date to July 23, 2015, damages for delay under the interest rate on delay shall be KRW 1,262,465.

[Reasons for Recognition] Unsatisfy, Gap 1-6 evidence (including virtual number), the purport of the whole pleadings

2. Under the aforesaid franchise insurance agreement, the Defendant is obligated to pay the Plaintiff damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Contracts or Legal Proceedings from July 24, 2015 to the date of full payment, which is the day following the date of the final payment of the above overdue interest in relation to the amount of KRW 65,262,465 ( KRW 64,000 + 1,262,465) and the amount of KRW 64,00,000 among the above overdue interest.

3. The defendant's assertion argues that the plaintiff's payment of insurance money according to the claim by the Korea Development Bank of Korea is unfair.

relevant.

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