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(영문) 서울중앙지방법원 2014.06.20 2013가합63252
구상금 등
Text

1. Defendant A, B, C, and D are jointly and severally liable to the Plaintiff for KRW 139,291,770 and KRW 130,00,000 among them.

Reasons

1. Determination as to the claim against Defendant A, B, C, and D

A. Following the facts of recognition are deemed to have been led to the confession by the Defendants.

1) The Plaintiff is the Defendant Company A (hereinafter “Defendant Company”) on January 5, 2012.

(2) As between the Defendant Company, the point support date (hereinafter referred to as “point support date”) shall be the Defendant Company.

(3) Anet Bank Co., Ltd. (hereinafter “Anet Bank”) with a subscription amount of KRW 80,000,000,000,000 for a commodity payment obligation to the Company.

(2) Each performance guarantee insurance contract (hereinafter “each performance guarantee insurance contract of this case”) with the subscription amount of KRW 50 million as to the performance guarantee obligation for the goods payment obligation for the goods

(2) Defendant B, C, and D jointly and severally guaranteed the obligation of the Plaintiff of the Defendant Company under each performance guarantee insurance contract of this case.

3) On December 5, 2012, with respect to the guarantee insurance contract on a points-based basis, the insured event occurred by each Defendant Company on December 24, 2012 regarding the Anet Bank's guarantee insurance contract. Accordingly, on December 28, 2012, the Plaintiff paid KRW 80 million insurance money to the points-based mobile day, and on January 18, 2013, KRW 50 million insurance money to the Anet Bank. 4) The agreed interest rate on the obligation, such as indemnity under each performance guarantee insurance contract of this case is 6% per annum until 30 days from the date of the payment of insurance money, KRW 9% per annum from 31 to 90 days per annum, KRW 15% per annum from the date of the payment of insurance money, KRW 30 million per annum from the date of 90 days, KRW 300 per annum from the contract delay from the date of August 9, 2013, KRW 308,500 per annum from the agreement delay.

B. According to the above findings of the determination, Defendant Company B, C, and D as the principal debtor, and as each joint and several surety, the Plaintiff jointly and severally held the principal amounting to KRW 139,291,770 (= KRW 5,983,560,000 KRW 5,983,560 KRW 50,000 KRW 3308,210), and the principal amount amounting to KRW 130,000,000 won among them, from August 10, 2013.

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