beta
Text
1. The Plaintiff:
A. As to KRW 101,766,859 and KRW 97,486,102 from April 24, 2014 to July 2, 2014
Reasons
1. Basic facts
A. On March 2, 2012, the Plaintiff entered into a guarantee insurance contract (hereinafter “instant guarantee insurance contract”) with the content that the insured is the Plaintiff’s Intervenor, the purchase price of KRW 100 million, and the insurance period from March 2, 2012 to March 1, 2014. The Plaintiff guaranteed the payment of damages and the payment of goods under an agency contract with Defendant A, but if Defendant A did not perform the obligation to pay goods to the insured, the Plaintiff claims the Plaintiff as a result of an insured event for which the Defendant A did not perform the obligation to pay goods to the insured, it shall be paid on behalf of the Plaintiff within the insurance amount, and the payment shall be made on behalf of the Plaintiff within the insurance amount, and the payment shall be made from the day after the date of payment of the insurance amount paid by the Plaintiff to Defendant A to the day of full payment
B. Defendant B provided a joint and several surety within the limit of KRW 84,500,000 among the obligations to be borne by Defendant A due to the instant guarantee insurance contract.
In addition, Defendant B and C jointly and severally guaranteed the compensation for damages and the obligation to pay goods to the Plaintiff’s Intervenor based on the consignment agency contract between the Plaintiff’s Intervenor and the Defendant A.
C. After that, the occurrence of an insured incident for which Defendant A received money from the customer, such as the mobile phone terminal price, which the Plaintiff’s Intervenor received on behalf of the Plaintiff’s Intervenor, was unpaid to the Plaintiff’s Intervenor, and the Plaintiff’s Intervenor filed a claim for the payment of the insurance money against the Plaintiff on November 4, 2013 and November 29, 2013. Accordingly, the Plaintiff paid KRW 96,652,714 to the Plaintiff’s Intervenor on November 25, 2013, and paid KRW 83,388 on January 3, 2014, in total, KRW 97,486,102.
The overdue interest rate applied by the Plaintiff shall be 6% per annum from the day after the payment date of insurance money to 30 days, 9% per annum from the next day to 60 days, and thereafter.