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(영문) 서울중앙지방법원 2016.04.29 2015가단5303174
구상금
Text

1. The defendant shall pay to the plaintiff KRW 45,139,191 and KRW 27,970,021 among them, from October 6, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On December 21, 2010, the Defendant concluded a guarantee insurance contract between the Plaintiff and the Defendant’s joint and several sureties Co., Ltd. for the performance of the drugs (sales Price), and the Defendant’s joint and several sureties Co., Ltd. for the payment guarantee of the sales price of the credit goods for the middle and long-term drugs, etc. (hereinafter “Tunyoung drugs”), and the Defendant guaranteed the obligation that the solar drugs will bear to the Plaintiff according to each guarantee insurance contract as above. The respective guarantee insurance contract and joint and several sureties concluded by means of electronic document via an electronic signature with the Defendant’s respective authorized certificates.

(2) The Plaintiff agreed to pay the Plaintiff the insurance proceeds and the interest rate on delay in a financial institution’s loan under the Banking Act from the day following the date of the payment of the insurance proceeds to the date of the payment of the insurance proceeds if the Plaintiff pays the Plaintiff the insurance proceeds due to the occurrence of an insured incident. The interest rate set by the Plaintiff is 6% per annum from the date following the date of the payment of the insurance proceeds to the date of the payment of the insurance proceeds, 9% per annum from the next day to the date of the payment of the insurance proceeds, 9% per annum from the next day to the date of the payment of the insurance proceeds, and 15% per annum from the next day to the date of the payment of the insurance proceeds.

B. On September 21, 201, the Plaintiff’s insurance proceeds were not repaid due to the aggravation of the financial status, and there was an insurance accident for which the Plaintiff applied for rehabilitation under the Seoul Central District Court 201 Gohap125. During the period from November 3, 2011 to December 15, 2011, the Plaintiff filed a claim for the payment of each insurance proceeds with the Plaintiff between November 3, 201 and December 30, 201, and the Plaintiff paid each insurance proceeds to the middle and long-term medicine company, etc. between November 30, 201 and January 111, 2012.

C. The plaintiff's solar medicine.

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