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(영문) 서울중앙지방법원 2016.12.01 2016가단112196

구상금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 245,489,027 and KRW 81,141,265 among them, from October 1, 2015.

Reasons

1. Basic facts

A. Defendant A entered into a guarantee insurance contract with the Plaintiff, with the content of the insured status, from June 12, 2001 to July 31, 2005, the insurance amount of the insurance amount of KRW 84,36,00, and the guarantee amount of KRW 86,00 as the deposit for restoration expenses due to conversion of mountainous districts.

B. At that time, Defendant B and C jointly and severally guaranteed all obligations owed by Defendant A to the Plaintiff according to the above guarantee insurance contract.

C. An insured incident occurred that Defendant A did not pay for recovery expenses for conversion, and the Plaintiff paid KRW 84,366,000 as insurance money to Gosung-gun on September 8, 2005.

The Plaintiff received reimbursement of KRW 3,224,735 from the Defendants.

E. Meanwhile, on July 24, 2006, the Plaintiff filed a lawsuit against the Defendants for the claim for reimbursement amount under this Court Order 2006Da280311, and this Court rendered a judgment that accepted the Plaintiff’s claim on February 2, 2007. The judgment became final and conclusive on March 3, 2008.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8, purport of whole pleadings

2. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of reimbursement and the damages for delay that the Plaintiff seeks after deducting the amount that the Plaintiff received.

3. Determination as to Defendant C’s assertion

A. Defendant C asserts that, at the time, joint and several sureties provided joint and several sureties for the instant guarantee insurance contract without experience, and that there was no particular explanation on the joint and several sureties, the joint and several sureties is null and void.

In addition, the following circumstances, which are acknowledged by Defendant C, have been signed and sealed on the joint and several guarantee column of the instant guarantee insurance contract, and Defendant C also has an important description of the contents of the guarantee insurance contract included therein.