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(영문) 의정부지방법원 2017.09.20 2016가합56707

구상금

Text

1. The Plaintiff:

A. As to KRW 340,091,390 and its total amount of KRW 200,030,580, Defendant A Co., Ltd., from July 18, 2016.

Reasons

1. Facts of recognition;

A. The guaranteed insurance contract of Defendant A and the Plaintiff’s joint and several sureties 1) Defendant A Co., Ltd. (hereinafter “Defendant A”).

Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) around March 11, 2012

2) As between Defendant A and C, Defendant A and the New Construction Corporation (hereinafter referred to as the “instant Construction”)

In relation to the guarantee of deposit for restoration expenses due to conversion of a mountainous district, the insured person entered into an insurance contract for authorization and permission with Chungcheongbuk-do. On January 31, 2015, the insurance amount of KRW 341,421,00 and the insurance period of KRW 341,421,00 were changed from March 11, 2012 to August 30, 2016. (2) Defendant A contracted construction works for the instant construction to Defendant B Co., Ltd (former Co., Ltd.; hereinafter “Defendant B”) on March 11, 2015, and Defendant B subcontracted the part of the instant construction works for machinery and equipment to the Plaintiff on May 28, 2015.

3) In a case where the insured event under the above guarantee insurance contract between the defendant A and the Seoul Guarantee Insurance occurred at the time of the conclusion of the above contract and the subcontract, and the Seoul Guarantee Insurance Co., Ltd., the representative director at the time of the plaintiff B and the defendant A, and the defendant A, would pay the insurance money to the Chungcheong City, the Seoul Guarantee Insurance Co., Ltd., the insured (hereinafter “

B) The Seoul Guarantee Insurance Co., Ltd. (1), on June 3, 2016, demanded 341,421,000 won as the insurance amount for authorization for recovery of a converted area from Chungcheongnam-si, and notified the Plaintiff of the occurrence of the insured event on June 10, 2016, and paid KRW 341,421,000 as the above insurance amount at the time of Chungcheongju, and notified the Plaintiff of the performance of the claim amount of KRW 341,421,00 with the payment period fixed on September 9, 2016.

2) Since then, the Plaintiff’s total amount of KRW 340,091,390 (=200,030,580,000 on July 18, 2016, and KRW 140,060,810 on September 27, 2016) in Seoul Guarantee Insurance Co., Ltd. (=200,030,580).