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(영문) 서울중앙지방법원 2016.05.18 2014가단5354021
구상금 등
Text

1. Defendant A, B, C, and D are jointly and severally and severally liable to the Plaintiff for KRW 33,008,000 and the same from November 15, 2014.

Reasons

1. Facts of recognition;

A. The Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) entered into an insurance contract for performance (sale of goods) guarantee

(3) On March 2012, 2012, the Co., Ltd. (hereinafter “Co.”).

(2) Around March 14, 2012, the Plaintiff concluded a guarantee insurance contract with the Defendant Company to guarantee the payment of credit goods to the Nonparty Company based on the above agency contract (sales price) by setting the period from March 14, 2012 to March 13, 2013, with the period of insurance KRW 50,000,000, and the period of insurance between the Defendant Company and the Defendant Company.

After January 17, 2013, among the terms of the above guarantee insurance contract, the insurable value was changed from 100,000,000 won, and the insurance period was changed from March 14, 2012 to March 13, 2014.

(Based on the above revised terms, Defendant B, C, and D respectively jointly and severally guaranteed the obligation to be borne by the Defendant Company to the Plaintiff according to the instant guarantee insurance contract at the time of the said revised contract.

3. According to the guarantee insurance contract of this case, where the defendant company pays insurance money to the non-party company in violation of the contract with the non-party company that is the insured, the defendant company and the joint guarantor determined to pay the insurance money paid by the plaintiff and the damages for delay applying the overdue interest rate applied by the plaintiff from the day following

The overdue interest rate determined by the Plaintiff is 6% per annum from the day following the date of payment of insurance proceeds to 30 days, 9% per annum from 31 to 90 days, and 15% per annum from 91 to the day of full payment.

B. On October 20, 2014, Nonparty Co., Ltd. claimed the guaranteed insurance money against the Plaintiff on the grounds that the Defendant Company failed to pay the credit goods payment. On November 14, 2014, the Plaintiff paid KRW 33,008,000 of the insurance money to Nonparty Co., Ltd. according to the instant guaranteed insurance contract.

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