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(영문) 광주지방법원순천지원 2016.08.31 2016가단2257

약정금

Text

1. The Plaintiff, Defendant Limited Liability Company B, C, and D are jointly and severally 38,161,733 won, Defendant E, and F are jointly and severally with Defendant Limited Liability Company B and C.

Reasons

1. The following facts are acknowledged as having no dispute between the parties, or as having incorporated the purport of the entire pleadings in Gap evidence No. 1:

A. On September 5, 2002, Defendant B Co., Ltd. (hereinafter “Defendant Company”) entered into an insurance contract for performance guarantee for the insurance amount of KRW 50 million, the insurance period from September 1, 2002 to August 31, 2005 with the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”) in order to guarantee the payment of credit goods payment obligations to the insured Leverer Co., Ltd. (hereinafter “Leverer”) and the insured Co., Ltd. (hereinafter “Seoul Guarantee Insurance”), and the Plaintiff, Defendant C, E, F, and G jointly and severally guaranteed the liability for indemnity against the Seoul Guarantee Insurance Co., Ltd.

B. In the above performance guarantee insurance contract, where the Seoul Guarantee Insurance Co., Ltd. pays the insurance proceeds to the Hayer due to the occurrence of an insured incident, such as the failure of the Defendant Co., Ltd to perform the obligation to the Hayererer, the Defendant Co., Ltd. and its joint guarantor shall immediately pay the amount equivalent to the above insurance proceeds to the Seoul Guarantee Insurance Co., Ltd., and where the payment is delayed, the damages for delay calculated by adding the damages for delay as determined by the Seoul Guarantee Insurance Co., Ltd. within the maximum of the overdue interest rate set by the Seoul Guarantee Insurance Co., Ltd. from the following day

C. On November 12, 2004, the Seoul Guarantee Insurance was issued a provisional attachment order as to No. 6 and No. 1604 of the Hocheon-si H apartment owned by the Plaintiff as the court 2004Kadan12832.

On December 2004, the Plaintiff kept as a check the Plaintiff’s face value of KRW 50,00,000 per face value, and the check number I of the Gwangju Bank, and the Plaintiff was established as a collateral on the net city J, K’s site and ground buildings with maximum debt amount of KRW 30,00,000.