양수금
1. The plaintiff's lawsuit against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendants’ joint and several liability 1) A.N. Development Co., Ltd. (the latter Vietnama Korea Co., Ltd.) changed its trade name into a corporation.
hereinafter referred to as “Veneia Korea”
Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”)
B) The performance guarantee insurance contract between the Korea Land and Housing Corporation, the amount of insurance coverage of the insured, the amount of KRW 2,631,576,410, the insurance period from November 30, 2007 to November 20, 2010, and the contents of the guarantee, Kimcheon Industrial Complex Land and Housing Corporation, the guarantee of remainder payment pursuant to the Land Sales Contract for the Kimcheon Industrial Complex (hereinafter “instant performance guarantee insurance contract”).
The Defendants and F Co., Ltd. (hereinafter “F”) were concluded.
(2) On March 31, 2011, G and H jointly and severally guaranteed the reimbursement obligation of the Vietnamesa Korea under the instant guarantee insurance contract. (3) The Seoul Guarantee Insurance paid KRW 2,171,290,690 to the Korea Land and Housing Corporation on March 31, 2011 as the insured event stipulated in the instant guarantee insurance contract occurred.
After that, Seoul Guarantee Insurance filed a lawsuit against Vietnama Korea and seven joint and several suretiess seeking reimbursement for reimbursement.
(A) On July 7, 2011, the Incheon District Court declared on July 7, 2011 that the above insurance money and damages for delay should be paid to the Vietnamesea Korea and seven joint and several sureties, and the above judgment became final and conclusive around that time.
B. On June 17, 2014, F’s subrogated Seoul Guarantee Insurance was repaid KRW 970,488,254 in the auction procedure of real estate offered as security by F.
The amount of claims for indemnity of Seoul Guarantee Insurance at the time = 1,577,449,959 = Principal and interest 1,554,930,190 won from May 7, 2014 until May 6, 2014
6. The damages for delay up to 17.17. It was KRW 22,519,769 (hereinafter the same shall apply).
C. On October 17, 2014, the Plaintiff’s acquisition of the Plaintiff’s claim entered into a claim acquisition agreement with F, and F’s (i) the claim amounting to KRW 970,488,254 for the Republic of Korea and the damages for delay.