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(영문) 부산고등법원 2013.04.18 2012나4060
구상금 등
Text

1. The part against Defendant F in the judgment of the first instance shall be modified as follows:

Defendant (Appointed Party) D and Defendant F.

Reasons

1. Facts of recognition;

A. The party status 1) A is an intermediate wholesaler at the X agricultural products wholesale market located in Busan Metropolitan City in Busan Metropolitan Transportation Daegu, J Agricultural Products Co., Ltd. (hereinafter “J Agricultural Products Co., Ltd.”).

Defendant C is the partner of Defendant C, and Defendant D was the wife of Defendant A, and the Selection E was the employee of the Selection, and the Selection E was the latter’s punishment. 2) Defendant G is a licensed real estate agent operating the “AA Licensed Real Estate Agent Office” located in the Busan Seo-gu, Busan, and Defendant F is the husband of Defendant G.

B. On February 24, 2010, the Plaintiff’s claim for reimbursement against A, Defendant C, Defendant D, and designated parties (hereinafter “instant insurance contract”) is a performance guarantee insurance contract (sale of goods) between A, Defendant C, Defendant D, and designated parties (hereinafter “instant insurance contract”).

Upon entering into the contract, the Plaintiff agreed as follows. ① The Plaintiff guaranteed the payment of the business bonds for intermediate wholesalers in the agricultural and fishery products wholesale market to A J Joint Markets with the period of insurance KRW 240,000,000 from February 12, 2010 to February 11, 2011. ② Defendant C, Defendant D, and the designated parties jointly and severally guaranteed all obligations owed by A to the Plaintiff according to the instant insurance contract (hereinafter “instant joint and several guarantee agreement”).

(3) In the event that A’s failure to perform his/her obligation pays the Plaintiff’s insurance proceeds, A, Defendant C, Defendant D, and the designated parties shall immediately reimburse the insurance proceeds, but if delayed, the amount shall be paid by adding damages for delay to the insurance proceeds, and the damages for delay shall be calculated at the rate determined by the Plaintiff from the day following the date of payment of the insurance proceeds to December 5, 2010. (2) The above damages for delay shall not be paid KRW 232,236,474 to the payment of the insurance proceeds until December 5, 2010. The J Joint Market claimed the Plaintiff for the insurance proceeds on March 16, 201. The Plaintiff paid KRW 240,000 to the J Joint Market in accordance with the instant insurance contract on April 12, 2011.

3. The Plaintiff’s insurance contract of this case.

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