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(영문) 대전지방법원 2018.07.19 2018가단4700
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 100 million and 6% per annum from February 13, 2018 to May 19, 2018.

Reasons

1. Facts of recognition;

A. On June 15, 2017, the Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant Company”) concluded a guarantee insurance contract with the following content (hereinafter “instant insurance contract”) in order to guarantee the obligation to pay credit goods to D Co., Ltd. (hereinafter “Nonindicted Company”).

Insurance period of the insured insured on the date of conclusion of the contract 2017

6. B (State) 15. B (State) 10 million won from June 1, 2017 to May 31, 2018

On June 15, 2017, Defendant C agreed to provide joint and several surety for the indemnity obligation against the Plaintiff of the Defendant Company according to the instant insurance contract.

C. According to the instant insurance contract, where the Defendant Company pays the Plaintiff’s insurance proceeds due to nonperformance of its obligation, the Defendant Company immediately redeems the insurance proceeds paid by the Plaintiff, but when delayed, the Defendant Company shall pay the insurance proceeds by adding the damages for delay calculated by calculating the number of delayed days per day and adding the interest rate publicly notified by the Plaintiff to 365 days from the day following the date of payment of the insurance proceeds to the day of full payment.

As the Defendant Company did not perform its duty to pay credit goods to Nonparty Company, the Company lost the benefit of time and claimed insurance money to the Plaintiff on January 11, 2018. On February 12, 2018, the Plaintiff paid insurance money of KRW 100 million to Nonparty Company.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including additional numbers), Eul evidence No. 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable for reimbursement to the Plaintiff under the instant insurance contract and joint and several sureties agreement, with the amount of KRW 100 million from February 13, 2018, the day following the date of the payment of insurance proceeds, to May 19, 2018, the agreement rate of KRW 6% per annum, and the next day shall be fully paid.

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