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(영문) 대전지방법원 2015.04.21 2014가단44809
구상금
Text

1. The Defendants jointly share the Plaintiff KRW 24,172,536 and KRW 24,053,914 among them, from November 2, 2014 to December 2, 2014.

Reasons

1. Determination as to the claim against Defendant A farming association corporation, B, and E

(a)as shown in the reasons for the attachment of the claim;

(b) Articles 208(3)1 and 257 of the Civil Procedure Act;

2. Determination as to the claim against Defendant C and D

A. Comprehensively taking account of the overall purport of arguments in Gap evidence Nos. 1 through 5 (including branch numbers if there are serial numbers; hereinafter the same shall apply) as to the cause of the claim, the plaintiff and defendant A Agricultural Cooperative (hereinafter "Defendant A") entered into an insurance contract on the guarantee of the payment of goods due to credit goods transaction between the defendant corporation and FF Agricultural Cooperative (hereinafter "FFFFFF") on December 17, 2012; at the time of the payment guarantee; the defendant C and D jointly guaranteed the liability for indemnity pursuant to the above insurance contract against the plaintiff of the defendant corporation; the plaintiff was paid insurance money from FFFFFFF on Oct. 2, 2014 and paid the principal amount of KRW 24,053,914 on Nov. 1, 2014 by subrogation from FFFFFFF on the basis of the settlement date; the rate of damages for delay can be recognized as 24,053,914 won per annum and 10% per annum from the date of the insurance contract.

According to the above facts, the Defendants, as joint and several suretys for indemnity payment under the above insurance contract, are jointly and severally liable to pay to the Plaintiff the principal and interest of 24,172,536 won (24,053,914 won 118,62 won) and the principal of 24,053,914 won (24,053,62 won) from November 2, 2014, which is the following day of the above base date, to December 19, 2014, clearly indicated that it is the last delivery date of the complaint of this case, the agreed interest rate of 9% per annum, and damages for delay calculated by 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

B. The defendants' assertion is determined at the time of concluding the above joint and several guarantee contract.

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