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(영문) 서울중앙지방법원 2016.04.08 2015가단94222
구상금 등
Text

1. Defendant A: 23,410,642 won to the Plaintiff; and

A. As regards KRW 9,231,520 among them, from March 19, 2015 to April 17, 2015

Reasons

1. Basic facts

A. The Plaintiff’s indemnity claim 1) Defendant A, on January 28, 2014, concluded between the Plaintiff and the Plaintiff as the performance guarantee insurance contract whereby the insured status is KRW 10,000,000, and the content of the guarantee as the payment guarantee for the price of credit goods (hereinafter “first performance guarantee insurance contract of this case”).

(2) On the same day, the performance guarantee insurance contract with the contents of the guarantee as payment guarantee for the amount of credit goods (hereinafter “the performance guarantee insurance contract of this case”) was concluded.

(3) On the same day, the performance guarantee insurance contract with the contents of the guarantee as the payment guarantee for the amount of credit goods (hereinafter “the third performance guarantee insurance contract of this case”) was concluded.

(2) Upon occurrence of an insured event under each performance guarantee insurance contract, the Plaintiff paid KRW 10,000,000 insurance money to Ilsung Co., Ltd. on March 18, 2015, but recovered KRW 768,480, and paid KRW 8,711,480 on March 31, 2015, and KRW 267,789 on April 1, 2015 as insurance money. On May 6, 2015, the Plaintiff paid KRW 5,19,853 as insurance money to Namyang Co., Ltd. as insurance money.

3) The agreed interest rate on delay under each performance guarantee insurance contract of this case is 6% per annum from the day following the payment date of insurance proceeds to 30 days, 9% per annum from the next day to 90 days, and 15% per annum from the next day. Defendant A’s disposal of real estate in Defendant A’s disposal disposition on February 2, 2015 (hereinafter “instant real estate”).

2) As to the sales contract (hereinafter “instant sales contract”)

B. On February 12, 2015, Defendant B completed the registration of ownership transfer.

C. At the time of entering into the instant sales contract, at the time of entering into the instant sales contract, the Incheon reinforcement group equivalent to KRW 4,271,800 for Defendant A’s active property.

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