재단채권 지급
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Nonparty B Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) was declared bankrupt on November 14, 2012 by the Seoul Central District Court 2012Hahap6, and the Defendant is the bankruptcy trustee of the Nonparty Co., Ltd.
B. The non-party company obtained permission for mountainous district conversion from Ycheon-si, and the plaintiff guarantees the duty to deposit mountainous district recovery expenses borne by the non-party company to the non-party company in accordance with the above permission between the non-party company and the insured company.
2. Each performance guarantee insurance contract, such as the list, was concluded, and an insurance policy was issued.
C. On March 17, 2011, on the ground that the non-party company did not perform its duty to recover the converted area, the Plaintiff claimed insurance proceeds of KRW 241,381,000 in accordance with the performance guarantee insurance contract. The Plaintiff paid the above amount on April 26, 201, and on January 10, 201, the date was the same year as that of the Incheon City.
6. After completing restoration with the above money, 51,405,800 won was returned to the Plaintiff.
In addition, on June 20, 201, according to the performance guarantee insurance contract, the Plaintiff paid a total of KRW 599,964,000 to a single state forest management office, and the single state forest management office returned to the Plaintiff a total of KRW 18,527,340, which remains after recovery around March 25, 2014.
E. The Plaintiff’s claim for indemnity against the non-party company by paying insurance money to the Jeju-si and Seoyang National Forest Management Office (hereinafter “instant claim for indemnity”) is KRW 771,41,860 as of December 22, 2017, the total amount of KRW 696,754,820 as of December 22, 2017, and the outstanding amount of KRW 1,472,694,04,040 as of December 22, 2017.
F. Meanwhile, on December 29, 2015, the Plaintiff stated that on the part of the Defendant’s claim for reimbursement against Nonparty Company, the sum of KRW 771,411,860, interest KRW 153,292,680, legal expenses of KRW 2,553,932, and KRW 927,258,472, among the instant claim for reimbursement against Nonparty Company, shall take precedence over general bankruptcy claims.