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(영문) 전주지방법원 2016.11.09 2016가합2481

구상금 등

Text

1. The Defendant’s KRW 1,283,781,890 as well as 6% per annum from April 26, 2016 to June 23, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The parties concerned are members of the construction mutual aid association belonging to the Plaintiff, and the Defendant obtained permission from the Chungcheong City for the purpose of site creation for the development of the tin mine for 16-1 and 8 parcels in Yongsan-dong, Chungcheongnam-si, Chungcheongnam-si.

B. On April 30, 2014, the Defendant issued an order to recover a mountainous district on April 30, 2014, to obtain an order to recover a mountainous district from the competent authority, and to submit the amount of KRW 1,361,762,00 as a guarantee to recover a mountainous district.

C. On December 26, 2014, April 8, 2015, the Plaintiff issued a guarantee certificate with the same content as that indicated in the separate sheet, on which the guarantee creditor had the loyalty, and the deposit amount in the guarantee certificate reaches KRW 1,361,762,00 in total.

On December 26, 2014, the Defendant and U.S. Co., Ltd. submitted a letter of joint and several payment, stating that “In the event that the Plaintiff paid the deposit to the Chungcheong City due to the Defendant’s nonperformance of all his/her obligation related to mineral extraction business, the Plaintiff shall be jointly and severally liable for the payment of the deposit without any objection.”

E. As the Plaintiff’s subrogation and the U.S. U.S. Co., Ltd. failed to complete restoration work within the recovery period, the Cheongju demanded the Plaintiff to pay the deposit. Accordingly, the Plaintiff subrogated for KRW 1,361,762,00 on April 25, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including the provisional number), the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion offsets KRW 77,980,110, out of KRW 1,361,762,00, which the Plaintiff subrogated at the time of Chungcheongju, against the disposal amount of the contribution certificate offered as security by the U.S. Co., Ltd. to the Plaintiff on May 9, 2016, but the remainder of KRW 1,283,781,890 was not completed. The Defendant is the Plaintiff’s indemnity amount and its reimbursement amount.