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(영문) 서울중앙지방법원 2016.06.10 2015가합538613

공탁금출급청구권확인

Text

1. The instant lawsuit between the Plaintiffs and the Defendant C was terminated by the withdrawal of the application for conciliation on May 27, 2015.

2. Defendant B, and .

Reasons

1. Basic facts

A. From around 2004, the head of Sungju-Gun against Defendant B’s Seoul Guarantee Insurance Co., Ltd. (hereinafter “the collection of earth and rocks in this case”) collected earth and rocks on the land, etc. E in the Sungbuk-gun, the head of Sungju-Gun around 2004.

(2) Around March 10, 2004, D entered into a guarantee agreement with respect to the deposit for the collection of earth and stone in Seoul Guarantee Fund and the collection of earth and stone in this case, with the insurance coverage amounting to KRW 367,200,000, and the insurance coverage period from January 1, 2004 to August 31, 2012. Defendant B and four other parties jointly and severally guaranteed the obligation owed by D under the above guarantee agreement with the Seoul Guarantee Insurance.

In addition, Defendant B created a pledge on his deposit claim in Seoul Guarantee Insurance as security for the above joint and several debt.

3) Around April 1, 2012, D entered into an amendment agreement with the Seoul Guarantee Insurance Co., Ltd. to extend the term of the said guarantee agreement to the end of August 31, 2014, and increase the insurance amount to KRW 504,580,000, and Defendant B and four others jointly and severally guaranteed the obligation that D bears to the Seoul Guarantee Insurance Co., Ltd. according to the above amendment agreement around that time. 4) Sungju-gun filed a claim for insurance proceeds with the Seoul Guarantee Insurance on the ground that D did not implement the restoration work on the collection of earth and stone in the instant case. Around that time, Seoul Guarantee Insurance Co., Ltd paid KRW 504,580,000 insurance proceeds to Sungju-gun.

5) On December 9, 2013, the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Plaintiff”) executed a pledge on Defendant B’s deposit claims, thereby collecting KRW 390,062,60,00, and collected KRW 390,062,60.6) On June 10, 2014, Defendant B entered into a contract with Plaintiff Mine Construction Co., Ltd. (hereinafter “Plaintiff”) on the construction period of the collection of earth and stone of this case from June 20, 2014 to December 31, 2014 with respect to the restoration work of the collection of earth and stone of this case. The written contract is written as KRW 560,00,000 (including value-added tax).

The contract of this case (hereinafter referred to as "the contract of this case") and the contract of this case.