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(영문) 서울중앙지방법원 2018.03.08 2017가단5912
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 67,987,319 and KRW 66,672,143 among them, from August 12, 2016 to March 11, 2017.

Reasons

1. Filing a claim with the defendant bankruptcy plan C;

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Claim against Defendant D

A. (1) The Plaintiff entered into a performance guarantee insurance contract (hereinafter “instant insurance contract”) with the Defendant Company A (hereinafter “Defendant Company”) by setting the insured as the insurance coverage amount of F, the insurance coverage amount of KRW 103,40,000, and the insurance period from July 8, 2015 to May 31, 2016.

(2) At the time of the conclusion of the instant insurance contract (electronic document), Defendant D entered as joint and several sureties at the time of the conclusion of the said insurance contract, and the joint and several sureties agreement (electronic document) confirmed all of the insurance contract information, main contract content, and essential description of the joint and several sureties agreement at the beginning of July 12, 2015, the electronic signature was made by means of a certified method through the authorized certificate of Defendant D.

(3) The Defendant Company did not comply with the agreement with the insured and caused an insurance accident, and the Plaintiff paid KRW 66,672,143 of the insurance proceeds on May 13, 2016 to the insured upon the claim of the insurance proceeds by the F. In addition, the Plaintiff, the insured.

(4) According to the instant insurance contract, when the Plaintiff paid insurance proceeds to the insured, the policyholder and the guarantor shall pay damages for delay to the insured, and the damages for delay shall be calculated by multiplying the insurance proceeds by the interest rate applicable to delay damages publicly notified by the Plaintiff, counting from the day following the payment date of the insurance proceeds to the day of full payment. The interest rate applicable thereto shall be 6% per annum from the day following the payment date to 30% per annum, 9% per annum from the day following the payment date to the day of full payment, and 12% per annum from the day following the day after the payment date to the day of full payment, and the above insurance proceeds shall be 66,672,143 won until August 11, 2016.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 5, the purport of the whole pleadings.

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