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(영문) 서울중앙지방법원 2015.12.18 2015가단5164546
구상금
Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable for 48,654,900 won and its related amount from October 30, 2014 to November 28, 2014.

Reasons

1. Facts of recognition;

A. On December 5, 2013, Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”) entered into an outsourcing work contract with the head of the Ansan Prison, and entered into a guarantee insurance contract with the Plaintiff on the performance (payment) whereby the insured amount of the insurance is KRW 30,00,000, the insurance period from January 1, 2014 to March 2, 2015 (hereinafter “instant first guarantee insurance contract”), the insured amount of the insurance amount is KRW 20,00,000, the insurance period is from January 1, 2014 to March 2, 2015 (hereinafter “instant first guarantee insurance contract”); and the insured amount of the insurance amount is KRW 20,00,000, the insurance period is from January 1, 2014 to March 2, 2015.

(hereinafter “instant 2 guaranty insurance contract”). Defendant B guaranteed all obligations owed by the Defendant Company to the Plaintiff according to the instant 1 and 2 guaranty insurance contract.

B. On November 26, 2013, the Defendant Company entered into a performance guarantee insurance contract with Kintex Co., Ltd., the insured worker from November 27, 2013 to March 5, 2014, for the purpose of the removal and guarantee of the payment of restitution under Article 8 of the above exhibition, between the Plaintiff and the Plaintiff.

(hereinafter “instant third guarantee insurance contract”). C.

Upon occurrence of a guarantee accident under the instant guarantee insurance contract, the Plaintiff paid KRW 28,943,100 as insurance money under the instant guarantee insurance contract on October 29, 2014, and KRW 19,711,80 as insurance money under the instant guarantee insurance contract.

In addition, when a guarantee accident under the third guarantee insurance contract of this case occurred, the Plaintiff paid KRW 2,690,000 as insurance money under the third guarantee insurance contract of this case on May 14, 2014.

On the other hand, according to each guarantee insurance contract of this case, when the plaintiff pays the insurance money, the non-party company is the plaintiff.

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