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(영문) 서울중앙지방법원 2020.07.23 2019가단5255112
구상금
Text

1. As to KRW 59,608,190 and KRW 50,000 among them, the Defendant shall annually pay to the Plaintiff KRW 59,608,190 from September 17, 2019 to October 16, 2019.

Reasons

1. Facts of recognition;

A. On March 7, 2019, the Plaintiff entered into a contract with the Defendant on a food material supply contract entered into with the insured Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), with respect to the obligation to be borne by the Defendant based on the food material supply contract, ① the insurance amount of KRW 50,000,000, the insurance period of KRW 50,000, and the performance guarantee insurance (payment) contract entered into on March 1, 2019 to February 29, 2020 (hereinafter “No. 1 Insurance”), ② the insurance amount of KRW 20,000,000, and the insurance period of KRW 20,000,000, as of March 1, 2019 to February 29, 2020, and issued each performance guarantee insurance policy to the Defendant.

B. After that, there was an insurance accident where the defendant did not perform the obligation guaranteed by each of the above insurance policies against the non-party company.

C. On September 16, 2019, the Plaintiff paid KRW 50,000,000 to the non-party company as insurance money pursuant to the instant insurance contract. On October 17, 2019, according to the instant insurance contract, the Defendant paid KRW 9,608,190 to the non-party company as insurance money.

On the other hand, when the Plaintiff paid the insurance money to the insured at the time of each insurance contract of this case, the Plaintiff agreed to compensate for damages for delay in accordance with the interest rate set by the Plaintiff from the day following the payment date. Accordingly, the interest rate set by the Plaintiff is 6% per annum from the day following the payment date of insurance money to 30% per annum,

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 8 (including each number), and the purport of whole pleading

2. According to the facts of the above recognition, with respect to the Plaintiff KRW 50,00,00 of the insurance proceeds paid under the insurance contract of this case, KRW 59,608,190 of the insurance proceeds paid under the insurance contract of this case, KRW 50,00,000 of the insurance proceeds paid under the insurance contract of this case, KRW 50,000 of the total of KRW 9,608,190, and KRW 1 insurance proceeds from September 17, 2019 to October 16, 2019 of the date following the date of payment of the insurance proceeds, KRW 6% per annum from September 17, 2019 to the date of delivery of the complaint of this case, KRW 9% per annum, KRW 2 insurance proceeds 9,608,608.

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