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(영문) 서울중앙지방법원 2018.11.27 2018가단5038259
구상금 등
Text

1. Defendant A and Defendant B jointly and severally file for KRW 50,000,000 with the Plaintiff, as well as for this, from April 19, 2017 to April 2017.

Reasons

1. Facts of recognition;

A. A. On September 12, 2016, the Plaintiff, on September 12, 2016, shall be the Defendant Company (hereinafter “Defendant Company”).

B) As to the price of goods to be borne by the non-party LAD Co., Ltd., the Defendant Co., Ltd. entered into a performance guarantee insurance contract with the insurance coverage amounting to KRW 50 million, and the insurance coverage period from September 12, 2016 to July 18, 2019 (hereinafter “instant guarantee insurance contract”).

(2) On March 22, 2017, Defendant B, the representative director of the company, guaranteed the Plaintiff’s liability for indemnity under the said guarantee insurance agreement. Defendant B, the representative director of the company, provided the said guarantee insurance policy as collateral to the Plaintiff with the goods such as imported land, etc., such as the purchase price. On March 18, 2017, the insured event caused the nonperformance of the said guarantee insurance policy, and the Plaintiff paid KRW 50,000 of the insurance money on April 18, 2017, upon the claim of the insurance proceeds in the composition.

Meanwhile, in the instant guarantee insurance agreement, the Defendant Company agreed to pay damages for delay in accordance with the interest rate set by the Plaintiff from the following day after the date of payment of the insurance money when the Plaintiff paid the insurance money. The interest rate set by the Plaintiff is 6% per annum from the following day to 30 days after the date of payment of the insurance money, 9% per annum from 31 to 90 days, and 12% per annum from

3) In the instant guarantee insurance contract, the Defendant Company and the Defendant B agreed to assume the Plaintiff’s obligation to repay in advance, even before the Plaintiff pays insurance money to the insured, when the insured event occurred, or when the occurrence of overdue payment, subrogation payment, and information disturbing financial order as stipulated in the Credit Information Management Rules of the Korea Federation of Banks. B) Defendant B, a joint and several surety of the instant guarantee insurance, entered into a sales contract with Defendant C on January 4, 2017, as to each of the instant real estate listed in the separate sheet (hereinafter “each of the instant land”), and Defendant C on January 9, 2017, respectively.

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