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(영문) 서울중앙지방법원 2015.09.09 2014나31720
구상금
Text

1.The judgment of the first instance shall be modified as follows:

(1) The Selection A and B are jointly and severally 68,850,819 won and 819 won.

Reasons

1. Facts of recognition;

A. On June 8, 2011, Selected A entered into a consignment agency contract with the Company Company (hereinafter “K”) and the Defendant, Appointed B, and C jointly and severally guaranteed the obligation under the consignment agency contract with the Appointed A.

B. From June 16, 2011 to June 15, 2013, the Appointer A entered into a performance guarantee insurance contract with the Plaintiff as “the liability for damages under the mobile communications agency contract and the guarantee for the payment of the credit goods on credit with wire communications products” with the content of the guarantee as “the liability for damages under the mobile communications agency contract and the guarantee for the payment of the credit goods on credit with the designated parties,” and the Selection B jointly and severally guaranteed the Selection’s indemnity liability against the Plaintiff.

According to the above performance guarantee insurance contract, the selected parties A and B jointly agreed to compensate the Plaintiff for the insurance proceeds and damages for delay in the event that the Plaintiff performs the insurance on behalf of the Plaintiff because the selected parties A did not perform the liability for damages and the obligation for the purchase of credit goods.

C. The case supplied a mobile phone device equivalent to KRW 84,349,800 in total between June 25, 2011 and January 5, 2012 to an agency operated by the Selection A with the trade name “F” at Nam-si, Namyang-si, and the Selection A repaid KRW 23,610,547 among them, and the remainder was not repaid.

On July 16, 2013, the Plaintiff filed a claim for insurance proceeds of KRW 68,304,167 (However, until the time of deposit, the amount claimed according to the interest rate of KRW 12% per annum) with the Plaintiff. On August 30, 2013, the Plaintiff paid insurance proceeds of KRW 68,850,819 in total, including the amount of charge received (public charges) and the sum of the amount of terminal payments and the amount of premium paid, and the amount of premium paid, KRW 67,932,519 (the sum of KRW 60,739,253 of the amount of terminal payments, KRW 7,193,266).

[Reasons for recognition] Gap's evidence number is included, and the defendant asserts that the contents of each of the above evidence cannot be trusted, but there is the seal of the Selection A.

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