beta
(영문) 대전지방법원 2016.06.16 2015가단207447

구상금

Text

1. Defendant A Incorporated Company, B, and C jointly and severally with the Plaintiff KRW 165,012,608 and the above amount, 49,157.

Reasons

1. Basic facts

A. Defendant A Co., Ltd. and Defendant A Co., Ltd. are limited to Defendant A Co., Ltd.

c. c. c. c. c. c. c. c. c. c. c. c.

(2) On August 14, 2015, the Defendant Company entered into a basic supply contract with the Plaintiff and entered into two guarantee insurance contracts with the Plaintiff to guarantee the payment of the credit amount under the said contract. The Defendant Company entered into the first insurance contract with the non-party company with the non-party company with the insurance coverage amounting to KRW 50,000,000: Defendant B and the non-party company with the insurance coverage amounting to KRW 50,000: the non-party company with the insurance coverage amounting to KRW 2 insurance contract amounting to August 15, 2014; Defendant Company’s joint guarantor: the insurance coverage amounting to KRW 115,85,000 with the insurance coverage amounting to KRW 115,85,000 on August 1, 2014; the Defendant Company’s contract between the Plaintiff and the non-party company with the insurance coverage at the time of entering into the said insurance contract; and the Plaintiff paid damages to the non-party company within the insurance coverage of the general overdue interest rate determined by the Plaintiff.

C. On or after September 1, 2014, the transaction of goods was suspended between the non-party company and the non-party company. After that, the non-party company did not perform its contractual obligations even thereafter, the non-party company claimed insurance proceeds on February 16, 2015 in accordance with the first insurance contract. Accordingly, the Plaintiff paid KRW 49,157,608 of the insurance proceeds to the non-party company on March 17, 2015. The Plaintiff claimed insurance proceeds to the non-party company on or around May 8, 2015. Accordingly, the Plaintiff paid KRW 115,85,000 of the insurance proceeds to the non-party company on June 4, 2015.

Defendant C is to Defendant D, who is a non-exclusive relationship on November 18, 2014.