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(영문) 대전지방법원 2014.11.27 2014가단9349
구상금
Text

1. Defendant A, B, C, D, and E shall be jointly and severally against the Plaintiff, and KRW 100,000,000 shall be jointly and severally from February 12, 2014.

Reasons

1. Basic facts

A. On February 15, 2011, the Plaintiff is the Defendant Company A (hereinafter “Defendant Company”).

between Defendant A and Defendant A’s age key sports Co., Ltd. (hereinafter “Nak Sports”).

(2) In order to guarantee the payment of credit goods to the Defendant, the Defendant Company concluded a performance guarantee insurance contract with the term “10,000,000 won for insured age sports, insurance amount: the insurance period from February 15, 201 to February 14, 2012,” and Defendant B, C, D, and E jointly and severally guaranteed the liability for indemnity against the Plaintiff of the Defendant Company. (2) The Defendant Company did not pay credit goods for e-sports, and the Plaintiff subrogated 100,000,000 won for e-sports on February 11, 2014.

3) The agreed delay damage rate determined by the Plaintiff between the Plaintiff and the Defendants is 6% per annum from February 12, 2014 to March 3, 2014, and 15% thereafter. (b) Defendant C, who entered into the promise to trade between Defendant C and Defendant F, on September 23, 2013, to trade the instant real estate, which is the only property of Defendant C (hereinafter “instant promise to trade”).

The provisional registration of the right to claim ownership transfer (Cheongju District Court No. 130274, Sept. 25, 2013; hereinafter “the provisional registration of this case”) is concluded in Defendant F and the provisional registration of the right to claim ownership transfer in the future.

(2) The grounds for recognition have been completed. [The grounds for recognition] There is no dispute, Gap evidence Nos. 1 through 5 (if ...... are included in each number, and the purport of the whole pleadings.]

2. According to the facts of the above recognition of the claim for monetary payment, Defendant A, B, C, D, and E shall be jointly and severally liable to the Plaintiff, and with respect to the amount of 100,000,000 won by subrogation, 6% per annum, which is the rate of delay damages, from February 12, 2014 to March 3, 2014, which is the day following the date of subrogation, and 15% per annum, which is the rate of delay damages of agreement until March 12, 2014, which is the date of final delivery of the copy of the complaint of this case, and with respect to the amount from the next day to the date of full payment.

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