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(영문) 수원지방법원 2015.06.04 2015가단706
구상금
Text

1. The Plaintiff:

A. As to Defendant B’s KRW 79,149,484 and KRW 78,709,573 among them:

B. Defendant A is from C.

Reasons

The Plaintiff: (a) concluded a performance guarantee contract with a mobile network operator as an agent contract and a performance guarantee contract with a mobile network operator from March 30 to March 29, 2012; (b) jointly and severally guaranteed liability to the Plaintiff; (c) the Plaintiff paid the insured amount of KRW 78,709,573 to the insured on November 27, 2014 due to the insured event; (d) the damages for delay until December 31, 2014 were KRW 439,911; and (e) the damages for delay against the deceased’s liability for indemnity on the deceased were 15% per annum; and (e) the Plaintiff’s heir, who had filed an application for a qualified acceptance to the Plaintiff on March 16, 2014; and (e) the Defendants were unable to perform the contract with the insured; or (e) the Plaintiff’s heir, who had filed an application for a qualified acceptance to the Plaintiff on December 31, 2014.

According to the above facts, Defendant B, a joint guarantor, 79,484 won (the principal amount of insurance money of KRW 78,709,573 x delay damages of KRW 439,911) and KRW 78,709,573 out of the total amount of insurance money, Defendant A, within the scope of property inherited from the Deceased, and Defendant B, jointly and severally with Defendant B, within the scope of property inherited from the Deceased, KRW 31,659,793 out of the above amount (the above amount of KRW 79,149,848 x 2/5 x less than KRW 2/5 x less than won, but less than KRW 31,483,829 [the above amount of KRW 78,709,573 x 2/573 x 5 x 2/5 x 2/15 % of the total amount of damages for delay calculated from January 1, 2015].

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