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(영문) 서울중앙지방법원 2019.05.10 2018나35195

구상금

Text

1. The plaintiff's appeal against the defendants is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is that of the court of first instance, except for the addition of some of the following, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil

For the reasons of the first instance judgment

3. The determination shall add some of the following:

(1) As to the Defendant Fund, the Plaintiff asserts that the portion of the charge of the Defendant Fund should be determined based on the remainder of the guaranteed amount after deducting the portion of the interest in arrears, which is “the guaranteed amount to be borne by another guarantee agency,” pursuant to Article 13(2) of the terms and conditions applicable to the guarantee contract between the Defendant Fund and B, from the Plaintiff’s guarantee limit. However, this assertion is difficult to accept for the following reasons.

Even according to the interpretation of Article 13(2) of the terms and conditions, this part of the terms and conditions does not include any part on which it is omitted whether this part of the terms and conditions is calculated by excluding “indidi”, but this part of the terms and conditions was prepared to determine the scope of the liability for guarantee borne by the Defendant Fund. However, the term and conditions were also prepared to determine the scope of the liability for guarantee, and the term “liability for guarantee” under Article 13(1) of the main sentence of paragraph (2) of the same Article, which is specified as the object of other effects than the above, refers to the “liability for the Defendant Fund’s guaranteed obligation” and “liability for guarantee under Article 13(1) of the Defendant Fund’s Fund’s Fund’s guaranteed obligation”. In light of the language and text, the object to be excluded from the part of the other guarantee institution’s guaranteed obligation, which is a contracting party and the preparing of the terms

However, the plaintiff is a third party who has a unique burden.