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(영문) 대전지방법원 2016.07.21 2015가단28361
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 50,443,830 and KRW 49,99,99 among them, from August 4, 2015 to August 12, 2015.

Reasons

1. Facts of recognition;

A. Defendant A Co., Ltd. (hereinafter “A”) entered into an agreement with the Plaintiff’s Intervenor A (hereinafter “Meart Life Insurance Co., Ltd.”) to provide support for operating expenses (the fourth month) and entered into a guarantee insurance contract with the Plaintiff to guarantee the payment guarantee of the obligation to return operating expenses under the said agreement.

B. The contract owner of the said guaranteed insurance contract is the above A, and the insured is the cover amount of 200 million won, the insurance period from September 1, 2011 to August 31, 2014, and Defendant B guaranteed the above Plaintiff’s obligation to pay indemnity amount under the said guaranteed insurance contract.

C. The grounds upon which Defendant A and the Plaintiff’s Intervenor’s Intervenor were obliged to return GA’s operating expenses to the M&C life insurance, and Defendant A and the Plaintiff’s Intervenor agreed that the M&C life insurance was KRW 300 million, and Defendant A agreed that the payment was made in installments.

However, Defendant A returned only KRW 183,33,338.

Accordingly, on May 11, 2015, the Plaintiff’s Intervenor claimed insurance payment from the Plaintiff based on the instant GA operating expense support agreement (the fourth month).

On June 18, 2015, the Plaintiff paid KRW 49,99,998 as insurance money to the Plaintiff’s Intervenor’s M&C life insurance.

Under the guarantee insurance contract concluded by the Plaintiff and the Defendant A, the claim for indemnity against the Plaintiff against the Defendant is KRW 49,99,99,98, and interest for delay from August 3, 2015 to August 3, 2015. The rate of delay damages determined by the Plaintiff is 9% per annum.

[Ground of recognition] The plaintiff and defendant A are deemed as confessions, there is no dispute between the plaintiff and defendant B, each entry in Gap evidence 1 through 4, and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendants jointly and severally paid to the Plaintiff KRW 50,443,830, which is the sum of principal and interest subrogated, and KRW 49,99,99,98, which is the principal and interest subrogated.

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