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(영문) 대구지방법원서부지원 2016.06.01 2014가단37402
구상금
Text

1. The Plaintiff:

A. Defendant A, Defendant B, Defendant C, Defendant D, Defendant E, Defendant F, Defendant G, Defendant H, Defendant I, and Defendant I.

Reasons

1. Facts of recognition;

A. 1) Defendant A Co., Ltd. (hereinafter “Defendant Company”).

A) On January 21, 2011, the Intervenor joining the Plaintiff (hereinafter referred to as the “ Intervenor”) is an intervenor joining the Plaintiff.

(B) A consignment agency agreement between the Defendant Company and the Intervenor to receive fees, etc. from the Intervenor and to act on behalf of the Intervenor with respect to the purchase of goods and services (hereinafter “instant agency agreement”).

(2) On January 28, 2011, the Defendant Company concluded a guarantee insurance contract between the Plaintiff and the insured as an intervenor, the insurance amount of KRW 600 million, and the insurance period from February 1, 2011 to January 31, 2013, which set the instant agency contract as the period from January 31, 201, to guarantee the payment of damages and goods to be borne by the Defendant Company by the Intervenor in accordance with the instant agency contract (hereinafter “instant guarantee insurance contract”).

3) Defendant B, Defendant C, Defendant D, Defendant E, Defendant F, Defendant G, Defendant H, Defendant I, and Defendant J jointly and severally guaranteed the obligation to be borne by the Defendant Company to the Plaintiff regarding the instant guarantee insurance contract. 4) Defendant K, Defendant L, and Defendant C, as of January 21, 201 at the time of the instant agency contract, jointly and severally guaranteed the Defendant Company’s liability for damages and for the payment of goods to the Intervenor, along with 11 employees, including Defendant B and Defendant C, etc. at the time of the instant agency contract.

B. 1) The Intervenor, including the payment of insurance money, filed a claim for insurance money with the Plaintiff on April 3, 2014, when the Defendant Company delayed the payment of the price of the goods, and the Plaintiff paid KRW 138,541,051 to the Intervenor on October 8, 2014 in accordance with the instant guarantee insurance contract. (2) The overdue interest rate applied by the Plaintiff to the instant guarantee insurance contract is 6% per annum from the day following the date when the Plaintiff paid the insurance money to the Intervenor who is the insured, 9% per annum from the next day until the 30th day after the date when the Plaintiff paid the insurance money

【Defendant Company, Defendant D: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act).

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