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(영문) 부산지방법원 2019.06.26 2018가합48805

구상금등 청구의 소

Text

1. Defendant Incorporated Company B and Defendant C jointly and severally with the Plaintiff 314,954,690 won and one of them 134,971.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) concluded a guarantee insurance contract (hereinafter “each of the instant insurance contracts”) with Defendant B and the insurer as follows in order to secure the obligation to return advance payment under the “Installation Work at each of the instant insurance contracts with the following insured (hereinafter “the instant insured”) (hereinafter “instant insurance contracts”). Defendant B, the representative director of Defendant B, was jointly and severally guaranteed each of the instant insurance contracts with Defendant B’s liability for indemnity against the Plaintiff under each of the instant insurance contracts on the date of the conclusion of each of the instant insurance contracts.

The insured period of the first insurance contract (the original insurance period) No. 150,000,000 on November 17, 2017, 17, 2017; November 17, 2018; and < Amended by Presidential Decree No. 28447, Nov. 17, 2017; Presidential Decree No. 28790, Nov. 17, 2017; Presidential Decree No. 28679, Nov. 24, 2018; Presidential Decree No. 28677, Nov. 24, 2017; Presidential Decree No. 28790, Nov. 24, 2017; Presidential Decree No. 28797, Nov. 24, 2017; Presidential Decree No. 287957, Nov. 9, 2018>

B. In the event that Defendant B did not perform its obligations or obligations against the insured in this case (hereinafter “instant insurance accident”), the Plaintiff subrogated to the insured in accordance with each of the insurance contracts in this case, Defendant B and Defendant C asserted that the amount of insurance proceeds to be paid to the Plaintiff and the ratio determined by the Plaintiff to such amount is 6% per annum and 9% per annum from the 30th day following the date of subrogation until the 30th day after the date of subrogation, and the Defendants did not dispute this.

Article 3(1) and (2) of the Act provides that Defendant B and C shall bear the obligation of advance reimbursement for the amount guaranteed by the Plaintiff even if there is no prior notice or peremptory notice from the Plaintiff when the insured event occurred (Article 4(1)1).

C. The insured claimed insurance money under each of the instant insurance contracts against Defendant B’s nonperformance of obligation to the Plaintiff on the ground of the instant insurance accident.