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(영문) 서울중앙지방법원 2017.05.19 2015가단5285337

구상금

Text

1. The Plaintiff:

(a) Defendant C, D, and E jointly and severally KRW 53,572,356;

B. Defendant A, Inc., is Defendant C, D, and E.

Reasons

1.Basics

A. On September 10, 1997, the Plaintiff entered into each of the instant insurance contracts and paid insurance proceeds. The Plaintiff is the Defendant A Co., Ltd. (former trade name: G Co., Ltd.; hereinafter “Defendant A”).

B) As between the above defendant and the non-party Korean Petroleum Industry Co., Ltd. (hereinafter “Korean Petroleum Industry”).

In the conclusion of a contract for out-of-the-counter purchase of goods, the performance guarantee insurance contract (sales proceeds) concluded between September 10, 1997 and September 9, 1998 (hereinafter “the first insurance contract”) to guarantee the repayment of the above defendant’s payment obligation.

(2) On December 30, 1997, the Plaintiff entered into a guarantee insurance contract (hereinafter referred to as the “second insurance contract”) with the Defendant on December 30, 1997, to ensure the repayment of the above Defendant’s debt, the Plaintiff entered into the said insurance contract with the Non-Party Sambucom Co., Ltd. (hereinafter referred to as the “ Sambucom”). In order to guarantee the repayment of the above Defendant’s debt, the Plaintiff entered into a guarantee insurance contract (hereinafter referred to as the “second insurance contract”) with the Defendant from January 1, 1998 to December 31, 198.

3) Upon entering into each of the above insurance contracts, Defendant B Co., Ltd. (hereinafter “Defendant B”).

(1) Nonparty H Co., Ltd. (former Trade Name: I Co., Ltd.; hereinafter “H”)

At the time, Defendant D, E, and C, who were working as the representative director of Defendant A, B, and H, had jointly and severally guaranteed the obligation of indemnity against the Plaintiff, and when the Plaintiff paid the insurance money, the Defendant and the joint guarantor agreed to pay the insurance money immediately. (4) However, the Plaintiff paid KRW 50,00,000 to Sambacon and the Korea Petroleum Industry on November 6, 1998 as insurance money on July 21, 1999, due to Defendant A’s failure to pay each obligation to Sambacon and the Korea Petroleum Industry.

B. A final and conclusive judgment against the above Defendants and H 1) After that decision, Defendant A, B, and H both at the Changwon District Court on April 9, 199 (Defendant A is 98Da73, Defendant B is 98Da75, and Defendant B is 98Da75, respectively.