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(영문) 서울고등법원 2014.12.09 2014나33033

구상금

Text

1. Of the judgment of the court of first instance, the part concerning the debtor D shall be revoked, and defendant D's rehabilitation debtor who is the party to the lawsuit.

Reasons

1. Basic facts

A. On January 6, 201, the Co-Defendant B Co-Defendant B Co-Defendant B Co-Defendant B (hereinafter “B”) of the first instance trial prepared a performance guarantee insurance agreement (hereinafter the above performance guarantee insurance agreement) between the insured, the content of the insurance contract, and the principal contract with the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) as a policyholder at the second floor movable insurance agency of the Namyang-dong 1203 Namyang-dong 1203 (hereinafter “movable Agency”) (hereinafter “Seoul Guarantee Insurance”).

B. The instant agreement includes the phrase “where insurance money is paid under the instant guarantee insurance contract, the policyholder promises to jointly and severally perform the liability for indemnity to be borne by the policyholder for Seoul Guarantee Insurance.”

On January 6, 2011, the Plaintiff, as a director of B, entered the name, resident registration number, etc. in the column of joint and several sureties of the instant agreement with B’s representative director and auditor F and E, and signed the name, resident registration number, etc. in the joint and several sureties’s joint and several sureties’s joint and several sureties’s name, resident registration number, etc., and D, as the representative director of C (hereinafter “C”) of a joint and several sureties’s joint and several sureties’s name, resident registration number, and sign it in the joint and several sureties’s name, and signed

C. On January 13, 2011, Seoul Guarantee Insurance issued the instant guaranty insurance policy with the content of the guarantee as the payment guarantee for credit goods, from January 13, 2011 to January 12, 2012, where the policyholder B, the insured was merged with the Hoan Steel Co., Ltd. (hereinafter “Haan Steel Co., Ltd.”), the insurance amount of KRW 300 million, the insurance amount of which was KRW 300 million, and the insurance period was from January 13, 201 to January 12, 2012.

B On January 13, 2011, the period of the agreement between the Cheongan Pib and the Cheongan Pib shall be one year from the date of conclusion of the contract, but if either party does not raise any objection, one year shall be added