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(영문) 춘천지방법원원주지원 2015.09.22 2015가단4688
구상금
Text

1. The Plaintiff:

A. Defendant B shall not exceed 76,88,340 won and 54,120 among them within the scope of the property inherited from the deceased C.

Reasons

1. Facts of recognition;

A. On September 21, 2010, the Plaintiff concluded a performance guarantee insurance contract with the deceased C (Death, Sept. 25, 2012), which is the insurance amount of KRW 60 million, the insurance period of the insurance, up to September 20, 2012, the insured’s “soft Cosmetics Co., Ltd.,” and the content of the insurance contract, “payment guarantee for foreign goods”. Defendant A provided joint and several surety within the limit of KRW 90 million with the liability for indemnity that the deceased C bears to the Plaintiff under the said guarantee insurance contract.

B. The deceased C received a performance guarantee insurance policy from the Plaintiff and submitted it to the Sol Cosmetics Co., Ltd., and traded goods on credit during the insurance period, but a guarantee insurance accident occurred, and the Plaintiff paid KRW 60 million to the Sol Cosmetics Co., Ltd. on October 23, 2012.

C. According to the above guarantee insurance contract, if the insurance money is paid due to a guarantee insurance accident, the insured C shall pay the insurance money to the Plaintiff plus damages for delay calculated at the rate determined by the Plaintiff within the maximum overdue interest rate among the overdue interest rates set by the financial institutions under the Banking Act. The overdue interest rate set by the Plaintiff is 15% per annum, and the principal amount of the indemnity bond until July 20, 2015 is 54,120,021 won, and the total amount of principal and interest, etc. is 76,88,340 won.

Defendant B is the mother of the network C and is the sole heir.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, barring any special circumstance, Defendant B is obligated to pay to the Plaintiff the sum of KRW 76,888,340, including the principal and interest, etc. of indemnity obligations, and the principal of KRW 54,120,021 from July 21, 2015 to August 17, 2015, the delivery date of a duplicate of the complaint in this case, the rate of delay interest per annum 15%, and the delay delay interest per annum 20% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment. Defendant A is obligated to pay the delay interest per annum 90,000,000.

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