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(영문) 서울중앙지방법원 2015.09.17 2014가합45879

구상금등

Text

1. Defendant A’s year from June 14, 2014 to July 13, 2014, with respect to KRW 513,863,370 and KRW 215,300 among them, to the Plaintiff.

Reasons

1. Facts of premise;

A. In relation to the joint and several liability obligations of Defendant A, the Plaintiff entered into a three performance guarantee insurance contract, such as the entry in the column of “performance guarantee insurance contract” in the attached Table (2) with the Young Heavy Industries Co., Ltd. (hereinafter “Co.”), and the Defendant A jointly and severally guaranteed the obligation of the Plaintiff of the Young Heavy Industries under each of the above contracts.

In each of the above insurance contracts, the Plaintiff and the Young Young Heavy Industries agreed to pay the Plaintiff the amount of indemnity equivalent to the amount of the insurance money to be paid and the damages for delay calculated by adding the interest rate in arrears as determined by the Plaintiff from the day following the day of the payment of the insurance money to the day of the full payment.

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

After that, as the naval Heavy Industries did not fulfill its obligations under each state contract for each insured person, the Plaintiff paid each insurance money, such as the statement in the attached Table (2) to each insured person.

B. On February 3, 2014, Defendant A, including the disposal of Defendant A’s real estate, sold (hereinafter “instant real estate”) the real estate listed in the attached Table No. 1 (hereinafter “instant sales contract”) to Defendant B (hereinafter “instant sales contract”); on March 17, 2014, Defendant B completed the registration of ownership transfer based on the instant sales contract with respect to the instant real estate.

Defendant B sold the instant real estate to Defendant C on July 15, 2014, and completed the registration of ownership transfer on August 18, 2014 with respect to the instant real estate on the grounds of the sale on the said date.

Defendant C entered into a mortgage contract with the Defendant bank on July 2, 2014, and on August 18, 2014, the establishment registration of the mortgage claim amounting to KRW 444,00,000 on the instant real estate as a result of the said contract.