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(영문) 수원지방법원 2014.12.11 2013가단79906
구상금
Text

1. The Plaintiff:

A. As to KRW 46,478,841 as well as KRW 45,579,735 as to Defendant EFO Information and Communications Co., Ltd. and KRW 45,579,735.

Reasons

1. Facts of recognition;

A. On June 1, 2009, the Plaintiff’s Intervenor (hereinafter “the Intervenor”) entered into a contract with Defendant EFO Information and Communications Co., Ltd. (hereinafter “Defendant Company”) on customer management, including subscription to, and receipt of fees for, KF goods and services, and ex post facto service agency for customers, and mobile phone supply, etc. (hereinafter “instant agency contract”).

B. In addition, on April 1, 2010, K Co., Ltd. entered into an agreement with the Defendant Company to support and lend the lease deposit, premium, etc. for the entrusted agency business (hereinafter “instant lease deposit support agreement”). According to the agreement, K Co., Ltd. granted 68,00,00 won subsidies to the Defendant Company and received the said subsidies in installments in 6,181,818 won per month for 11 months. In order to guarantee the Defendant Company’s obligation to repay the said subsidies to K Co., Ltd., the Defendant Company entered into an agreement with the Plaintiff, the insured, the purchase price, the insurance price, the insurance price, the insurance period from April 8, 2010 to April 29, 2011 (hereinafter “instant guarantee insurance agreement”), and the Defendant A and the Defendant Company entered into a joint and several surety insurance contract with the Plaintiff within the limit of 10,100 won and the amount of the Defendant Company’s debt guaranteed under the instant guarantee insurance contract.

C. In the instant guarantee insurance contract, where the Defendant Company is liable to pay insurance proceeds to the Plaintiff in the case due to the occurrence of an insured event for which the Defendant Company failed to fulfill the obligation to pay the subsidies for the case under the instant rental deposit support agreement, the Defendant Company shall reimburse the Plaintiff the amount equivalent to the above insurance proceeds, and the Plaintiff shall pay the amount within the maximum overdue interest rate set by the Plaintiff out of the overdue interest rate from the day following the date of payment of insurance proceeds to the date of payment of insurance proceeds

Since then, the defendant company shall be granted subsidies under the agreement to support the rental deposit of this case.

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