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(영문) 수원지방법원 2017.04.21 2016나14314
구상금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. On July 19, 2010, the Plaintiff entered into a performance guarantee insurance contract with Defendant A Co., Ltd. (hereinafter “Defendant A”) that guarantees the payment of the amount of obligation repayment pursuant to the Support Agreement with the Korea Environmental Industry and Technology Institute (hereinafter “Korea Environmental Industry and Technology Institute”) from July 1, 2010 to June 30, 201, setting the insurance amount as KRW 128,803,50, and at the same time, Defendant A’s Korea Environmental Industry and Technology Institute (hereinafter “Korea Environmental Industry and Technology Institute”). At the time, Defendant B, G, Co-Defendant C, D, E, and Nonparty H jointly and severally guaranteed the liability for indemnity that Defendant A bears to the Plaintiff pursuant to the above performance guarantee insurance contract.

On July 6, 2011, the Plaintiff entered into a contract with Defendant A to change the insurance coverage period from July 1, 2010 to June 30, 2015, with the content that the insurance coverage amount is changed to KRW 147,204,00 (hereinafter referred to as “first contract”). Defendant B, Defendant C, D, and E jointly and severally guaranteed the obligation to compensate the Plaintiff according to the first contract, and Defendant G, Defendant C, and Defendant F jointly and severally guaranteed the above obligation to compensate for damages up to KRW 100 million.

B. On December 3, 2010, the Plaintiff concluded a performance guarantee insurance contract (hereinafter “second-party contract”) with Defendant A with the Korea Environmental Industry and Technology Institute, the insurance amount of 10,969,30 won, and the details of the guarantee as a payment guarantee for compulsory repayment pursuant to the provisions of the Support Project Agreement. The Plaintiff concluded a performance guarantee insurance contract with the insurance period from December 31, 2010 to December 30, 2013 (hereinafter “second-party contract”) and a performance guarantee insurance contract with the insurance period from December 31, 2010 to December 30, 2014 (hereinafter “third-party contract”). Defendant B and the first-class co-defendant C jointly and severally guaranteed the liability for indemnity owed to the Plaintiff by Defendant A pursuant to the provisions of Articles 2 and 3 contract.

C. The Korea Environmental Industry and Technology Institute shall delay the payment of royalties for two to five minutes by Defendant A pursuant to the Support Project Agreement related to the First Agreement, and shall pay royalties pursuant to the Support Project Agreement related to the Second and Three Contracts.

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