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(영문) 광주지방법원 2015.03.24 2014가단50789
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 28,284,690 as well as KRW 27,715,210 as to the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant A Co., Ltd (hereinafter “Defendant Company”) concluded an urban gas supply contract with Jeonnam Urban Gas Co., Ltd. (hereinafter “Seoul Urban Gas”), and entered into a performance guarantee insurance contract (hereinafter “instant performance guarantee insurance contract”) between the Plaintiff and the insured as of May 29, 2013 to guarantee the payment of gas user fees for the supply of urban gas from Jeonnam Urban Gas.

B. According to the instant performance guarantee insurance contract, if the Defendant Company fails to perform the insured’s contract, the insured shall lose the benefit of the period and terminate the insurance contract, and if the Plaintiff pays the insurance money within the insurance coverage amount, the Defendant Company agreed to pay the insurance money subrogated by the Plaintiff without delay, but if delayed, the Defendant Company shall pay damages for delay at the highest interest rate (15% per annum per annum) determined by the Plaintiff within the scope of the overdue interest rate among the general loan interest rate in commercial banks from the date of payment of the insurance money to the date of delay.

C. The instant performance guarantee insurance contract, after the Defendant Company subscribed as the Plaintiff’s member, consented to both the product description of the performance guarantee insurance, the terms and conditions for the Plaintiff’s electronic financial transactions utilization, the agreement on the use of the electronic guarantee system, and the application for issuance of insurance policies using the electronic guarantee system. After entering the trade password of the Defendant Company registered at the time of membership, the Defendant Company’s certificate issued in the name of the Defendant Company was affixed with the Plaintiff’s digital signature affixed to the performance

On the other hand, the defendant company's obligation to reimburse the plaintiff company under the performance guarantee insurance contract of this case is jointly and severally guaranteed (hereinafter "joint and several guarantee of this case").

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