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(영문) 서울동부지방법원 2016.07.15 2016가단5987

구상금

Text

1. The Defendant: (a) KRW 42,155,424 to the Plaintiff; and (b) KRW 5% per annum from November 30, 2013 to January 13, 2016 to the Plaintiff.

Reasons

1. The claim indication C concluded a contract performance guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd. in order to guarantee the construction contract for the ES new hotel construction works in Songpa-gu Seoul. In the process, the plaintiff and the defendant, the representative director of the above company, jointly and severally

However, the Seoul Guarantee Insurance Co., Ltd. paid 42,155,424 won to the Da Light Industry Development Co., Ltd., the insured, and filed a claim for reimbursement against the Plaintiff, a joint guarantor, as the joint guarantor.

Accordingly, on November 29, 2013, the Plaintiff paid the said subrogated amount to the Seoul Guarantee Insurance Co., Ltd., and thereafter, the Plaintiff promised to pay the said amount directly to the Plaintiff when the Plaintiff requested the Plaintiff to pay the money to the Seoul Guarantee Insurance Co., Ltd.

2. Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deemed as private capital);