logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.10.25 2015나2054576
계약무효확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The grounds for a judgment of the first instance shall be quoted for this judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the first instance;

except that part of the following shall be dried or added:

[Supplementary Use] Five to Fifteen shall be followed by the first instance court's decision as follows.

[3] According to the above facts, the plaintiff's legal status is the status of the joint and several liability obligor for the claim for reimbursement of the Seoul Guarantee Insurance under the Seoul Guarantee Insurance Contract under the Seoul Guarantee Insurance Contract. In addition, the above facts are as follows. ① The performance guarantee insurance contract of this case was concluded to guarantee the obligation for repayment of KRW 200 million in the supply contract of this case prepared between the defendant and the court of first instance to the defendant for the joint and several liability obligor. ② If the Seoul Guarantee Insurance pays the insurance amount equivalent to the purchase price of the above goods to the defendant who is the insured in accordance with the performance guarantee insurance contract of this case, unless there are special circumstances, it can exercise the right to reimbursement against the above round and its joint and several liability claim against the plaintiff. ③ If the Seoul Guarantee Insurance Co. does not comply with the defendant's claim, it is confirmed that the supply insurance contract of this case, which is the main contract of the performance guarantee insurance of this case, is invalid and notified to Seoul Guarantee Insurance Contract, and thus, it is invalid at least if the insurance contract of this case becomes invalid as a contract.

(see, e.g., Supreme Court Decision 2014Da203229, Mar. 26, 2015). The Plaintiff is the Plaintiff.

arrow