logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.07.15 2015나24579
구상금 등
Text

1. The part of the judgment of the first instance against Defendant C and D shall be revoked.

2. The plaintiff's extension from the trial room against the defendant C.

Reasons

1. Claim against Defendant C

A. Facts of recognition 1) E Co., Ltd. (hereinafter “instant company”).

(2) On April 5, 2011, in order to secure the payment of the sales price of goods on credit under a contract for the supply of goods to a two-wheeled motor vehicle company, the Plaintiff and the insured shall enter into a contract to guarantee the performance of the sales price of goods from April 5, 201 to April 4, 2013 (hereinafter “instant performance guarantee contract”).

Defendant C concluded a joint and several guarantee agreement within the limit of KRW 195,00,000 (hereinafter “instant joint and several guarantee agreement”). Defendant C jointly and severally guaranteed the liability for indemnity to the Plaintiff by the instant company in accordance with the instant performance guarantee agreement (hereinafter “instant joint and several guarantee agreement”).

2) Article 3(1) and (2) of the Joint and Several sureties Agreement (Evidence A No. 2) provides that where the Plaintiff pays insurance proceeds to a two-wheeled motor vehicle stock company due to the occurrence of an insured incident, the instant company and the joint and several sureties shall immediately compensate for it, and if delayed, the payment of insurance proceeds shall be made by adding damages for delay calculated at the rate determined by the Plaintiff within the maximum of the overdue interest rate among the overdue interest rates of financial

The ratio determined by the Plaintiff is 6% per annum until February 10, 2013, 9% per annum from the next day to April 12, 2013, and 15% per annum from the next day to that.

3) On December 6, 2012, when both companies did not receive the credit goods price from the instant company, they claimed KRW 150,000,000 as insurance money under the instant performance guarantee contract to the Plaintiff, and on January 10, 2013, the Plaintiff paid KRW 150,000 insurance money to a pair of automobiles company on January 10, 2013. 【No evidence Nos. 1, 2-4, 3-1, 3-2, 1, 3-2, 1, and 3-2, 1, and 150,000,000 insurance money to the Plaintiff.

B. According to the above facts of recognition, Defendant C’s indemnity amounting to KRW 150,000,000 and the Plaintiff’s performance guarantee contract for this case.

arrow