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(영문) 서울남부지방법원 2016.07.05 2015가단233719
구상금
Text

1. The Defendants jointly and severally liable to the Plaintiff 155,329,333 won and the same year as from September 4, 2015.

9. up to 30.

Reasons

Under the joint and several guarantee of Defendant B and C, the Plaintiff concluded an insurance contract for warranty of defects with Defendant A (hereinafter “Defendant A”) on September 11, 2013; ① the debtor company; the Defendant company; the Hanjin Industries Co., Ltd. (hereinafter “ Hanjin Industries”); the guaranteed amount of KRW 151,739,500; and the warranty period from September 11, 2013 to December 31, 2016; ② the debtor company; the Han Heavy Industries Co., Ltd.; the guaranteed amount of KRW 53,295,00; and the warranty period from September 11, 2013 to December 31, 2016; ③ the debtor company; the Defendant company; the guarantee creditor company; the guaranteed amount of KRW 53,179,500; and the warranty period from September 11, 2013 to December 31, 2016 to issue the warranty period respectively.

On August 28, 2014, the Plaintiff received 139,985,000 won as a warranty bond, 53,179,000 won, 53,295,000 won as a warranty bond, from the Hanjin Heavy Industries on April 28, 2015, after being notified of the occurrence of a guarantee accident that the repair of defects was not performed, and following the inspection procedure, and paid 246,459,000 won as a warranty bond to the Hanjin Heavy Industries.

The plaintiff was unable to recover KRW 91,129,70 after the payment of the above amount and recover KRW 155,329,300 in balance.

[Ground for recognition] Between the plaintiff and the defendant company: The plaintiff and the remaining defendants: According to the facts found in Gap evidence Nos. 1 through 12 (including serial numbers) and the purport of the whole pleadings, the defendants jointly and severally set forth in the special cases concerning the promotion of litigation, etc. from September 4, 2015 (the day following the date on which the payment order of this case, which is to be sought by the plaintiff, is finally delivered to the defendants after the date on which the claim for compensation was created, to the plaintiff) to the plaintiff as the amount for compensation, and the whole purport of the pleadings.

9. There is an obligation to pay 20% per annum for up to 30.30. and 15% per annum for delay from the next day to the day of full payment.

The delay interest rate under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings is now past from October 1, 2015.

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