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(영문) 광주지방법원 2020.12.23 2020가단536703

구상금

Text

The Defendants jointly and severally against the Plaintiff KRW 117,978,340 as well as KRW 117,862,100 as to the Plaintiff’s KRW 117,862,100, from July 29, 2020 to October 17, 2020.

Reasons

Basic Facts

Defendant B (hereinafter referred to as “Defendant Company”) received site security deposits from Jeonnam-do Young-gun (hereinafter referred to as “Yanam-gun”) in April 6, 2017 in order to guarantee the repayment of subsidies when it decides to recover the said subsidies, and entered into a performance guarantee insurance contract (securities number E; hereinafter referred to as “securities insurance contract”) with the Plaintiff during the period from March 28, 2017 to July 30, 2020 as set forth in the insurance coverage period from March 28, 2017 to July 30, 2020 between the Plaintiff and the Plaintiff, in order to guarantee the repayment of the said subsidies when it is decided to recover the local investment promotion subsidies (hereinafter referred to as “Yanam-gun”), and the insured Yong-gun, the amount of insurance coverage, KRW 80,000,000, the insurance period, and from March 28, 2017 to July 30, 2017 (hereinafter referred to as “Defendant D2”).

The defendant company received the above site location subsidy and established a factory in the area of the H development project of the Youngnam-gun G Group of Youngnam-gun, but became at a disadvantage after the establishment, and the Youngnam requested the defendant company to return the site location subsidy.

On July 22, 2020, the Plaintiff paid KRW 80,000,000 insurance money under the insurance contract No. 1 of the Younggun and KRW 80,00,000 according to the insurance contract No. 2.

The Plaintiff returned KRW 42,137,90 out of the insurance proceeds under the second insurance contract and returned KRW 42,137,900, and the amount of indemnity under the second insurance contract remains in total of KRW 37,862,100 as of July 28, 2020 and KRW 37,343 as of July 28, 2020.

The amount of indemnity under the first insurance contract remains 80,000,000 won as of July 28, 2020 as principal and 78,900 won as of July 28, 202 and damages for delay up to that point.

[Grounds for recognition] Each of the statements in Gap evidence Nos. 1 through 10, and the purport of the whole pleadings of this court's judgment above, the defendants jointly and severally held to the plaintiff 17,978,340 won for indemnity (=37,89,440 won, 80,078,90 won), and 117,862,100 won for principal = 37,862,100 won.