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(영문) 수원지방법원 2015.08.19 2015가단21079
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 50,057,534 and KRW 50,000 among them, from April 4, 2015 to June 15, 2015.

Reasons

1. Basic facts

A. Defendant A Co., Ltd. concluded a performance guarantee insurance contract with the Plaintiff on January 9, 2013 through January 8, 2015, by setting the insurance period as the non-party company, the insurance amount of KRW 50 million, and the insurance period from January 9, 2013 to January 8, 2015, in order to guarantee the payment guarantee for the goods price pursuant to the product purchase contract from the non-party Hasna Co., Ltd. (hereinafter “non-party company”).

B. Upon the conclusion of the above insurance contract, the Defendant Company, the insurer, committed an insurance accident in violation of the above contract agreement, and paid the insurance proceeds to the Plaintiff, the Defendant Company, the policyholder, immediately. However, if delayed, the Defendant Company agreed to calculate damages for delay by calculating the number of delayed days per day to 365 days from the day following the payment date of the insurance proceeds to the day of full payment, and by multiplying the interest rate applied

C. Defendant B jointly and severally guaranteed the obligation to be borne by the Defendant Company to the Plaintiff under the above insurance contract.

After that, the insured event occurred that the Defendant Company failed to perform the above contract, and the Plaintiff paid KRW 50 million on March 27, 2015 as insurance money upon the insured’s insurance claim.

E. Insurance money to be paid calculated as of April 3, 2015 is KRW 50 million, and damages for delay incurred up to that time is KRW 57,534, and its aggregate is KRW 50,057,534.

(f) The rate of delay damages under the above contract shall be from March 28, 2015 to the same year.

4. 6% per annum from the following day to the date of March, 15% per annum.

[Ground for recognition] Unsatisfy, each entry of Gap 1-6 (including virtual number), and whether all pleadings are held

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the Defendants jointly and severally agreed to the Plaintiff for the total amount of KRW 50,057,534, and KRW 50,000,000, which is the day following the above calculation base date, from April 4, 2015 to June 15, 2015, which is the date of the final delivery of the copy of the complaint of this case.

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