구상금 등 청구의 소
1. The part against the defendant in the judgment of the first instance, including the plaintiff's claim changed in this court, is as follows.
1. Basic facts
A. Claim 1) A Co., Ltd. (hereinafter “A”), and “A”
around February 24, 2017, Co-Defendant B Co-Defendant B Co-Defendant B of the first instance trial (hereinafter “Nonindicted Co-Defendant”) and “Nonindicted Co-Defendant Company”.
) and the Insured F Co., Ltd., Ltd. (hereinafter “F”);
() Payment guarantee insurance contracts for subcontract consideration with respect to “H during the G Corporation” from March 10, 2017 to May 30, 2017, with the insurance coverage amounting to 447,986,550 won, and the insurance coverage period from March 10, 2017 to May 30, 2017 (the contract period from March 10, 2017 to April 30, 2017; the contract amounting to 447,986,50 won) (hereinafter “first guarantee insurance contract”); and
The Co-Defendant D of the first instance trial concluded the performance guarantee insurance policy (payment) under the first guarantee insurance contract on February 24, 2017 (hereinafter referred to as “first insurance policy”) with respect to the non-party company A’s obligation under the first guarantee insurance contract. A is a joint and several surety insurance policy under the first guarantee insurance contract.
(2) On May 19, 2017, A issued a payment guarantee insurance contract for subcontract consideration (hereinafter referred to as “second guarantee insurance contract”) with the non-party company and the insured, the insurance amount of KRW 115,915,80, and the insurance period from May 24, 2017 to July 3, 2017, with the term “J during the I Corporation” (from May 24, 2017 to June 3, 2017, the contract amount of KRW 115,915,80).
D has jointly and severally guaranteed the debt of the non-party company A according to the second guarantee insurance contract.
On May 19, 2017, A issued a performance guarantee insurance policy (payment) under the second guarantee insurance contract (hereinafter referred to as "second guarantee insurance policy").
3) Based on the insurance policy on June 26, 2017, F claimed KRW 339,052,494 of the non-party company’s unpaid construction cost to A. Based on the second insurance policy, F claimed KRW 108,106,680 for the non-party company’s unpaid construction cost. On July 18, 2017, A paid KRW 339,052,494 as insurance money under the first insurance policy, and KRW 108,106,680 as insurance money under the second insurance policy. (b) D’s disposal of property on June 8, 2012 (hereinafter “instant real estate”).