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(영문) 서울중앙지방법원 2020.11.26 2020가단22245
구상금 청구의 소
Text

The Plaintiff

A. As to KRW 401,311,946 and KRW 364,176,437 among them, Defendant C Co., Ltd. from August 31, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff concluded four guarantee insurance contracts with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”). Defendant D jointly and severally guaranteed the Defendant Co., Ltd’s obligation to the Plaintiff regarding guarantee insurance contracts Nos. 4 of the same Table.

B. The Plaintiff paid insurance money to the insured in the amount of the “insurance money paid” stated on the day indicated below.

The insured worker's insurance coverage amount of KRW 40,00,000,000 from June 19, 2018 to June 11, 2019, the advance payment guarantee of KRW 250,594,080,000 from February 28, 2018 to February 26, 2020, KRW 110,000,000,000 to KRW 10,000,000,000 from June 19, 2018 to June 11, 2019, and KRW 250,594,000 to KRW 227,812,80,80,000 from February 28, 2018; and KRW 10,000,000,000 to KRW 10,000 from February 11, 2019 to KRW 25,010.

C. Under each guarantee insurance contract between the plaintiff and the defendant company, the overdue interest rate shall be 6% per annum until 30 days from the day following the date of payment of insurance money, and 9% per annum from the following day.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. Considering the overall purport of the arguments as to the cause of the claim Gap evidence 1-6, 7, 2-5, 6, 3-5, 6, 3-5, 6, and 4-7 and 8, the defendant company did not supply goods after receiving advance payment from E Co., Ltd., and did not pay goods to F Co., Ltd., and it is recognized that the insured event occurred due to the failure to pay goods. Thus, the defendant company paid to E Co., Ltd. the total amount of KRW 364,176,437 (= KRW 36,363,63, 637 won (= KRW 227,812,800,000), and the plaintiff paid to E Co., Ltd. under the guarantee insurance contract Nos. 44.

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