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(영문) 서울중앙지방법원 2017.03.24 2014가합52822
구상금 등
Text

1. Defendant B and C are jointly and severally liable to the Plaintiff Seoul Guarantee Insurance Co., Ltd. for KRW 195,360,000.

Reasons

1. Basic facts

A. On November 17, 2011, Plaintiff Company entered into a guarantee insurance contract (hereinafter “this case’s guarantee insurance contract”) with Defendant Company B (hereinafter “Defendant Company”), Korea Airport Corporation, insurance coverage amount of KRW 195,360,00,” and “insurance coverage period of November 18, 2011 through December 31, 2013.” At the time, Defendant Company A and Defendant C, the representative director or inside director of the Defendant Company, jointly and severally guaranteed the Defendant Company’s indemnity liability. According to the instant guarantee insurance contract, the Defendant Company and its joint guarantor immediately paid the Plaintiff Company the indemnity amount equivalent to the insurance money, and if so, the payment was delayed, the Plaintiff Company made the payment to the Plaintiff Company in addition to the highest rate of overdue interest rate of the financial institution under the Banking Act to the Plaintiff Company within the scope of overdue interest rate of KRW 165,00,00, and Defendant Company 1601 also made the payment for delay within the same period of KRW 16,201.

B. On February 26, 2010, A and G acquired each share of 35/100 and 65/100 of the share of the instant real estate as married couple. On the same day, as to the entire instant real estate, A and G created a collective security (hereinafter “instant collective security”) with “debtor A,” “debtor A,” “the maximum claim amount of KRW 574,000,000,000,” respectively, on August 2, 2012, a collective security (hereinafter “instant collective security”) with “debtor A,” and “the maximum claim amount of KRW 150,000,000,00,” respectively.

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