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(영문) 대전지방법원 2018.06.20 2016가단224913
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 30, 2010, C Co., Ltd. (hereinafter referred to as “C') entered into a contract for an entrusted agency with a mobile network operator (hereinafter “instant entrusted agency contract”). D, E, F, G, H, and the Defendants jointly and severally guaranteed the payment of the obligation owed by C under the instant entrusted agency contract for the case (hereinafter “4/30 joint and several surety”).

B. On May 2012, the Plaintiff and C guarantee the liability for damages, etc. of C under the instant consignment agency contract: (a) the following performance (payment) guarantee insurance contract; and (b) the instant insurance contract is “the instant insurance contract.”

-C H, I J, D, K (State) case 50,000,00 won from 05.03 to 1.05.05.02.02. L/Implementation (Payments) of the insurance coverage amount of the insured as a joint and several surety, i.e., the insurance coverage amount of the insured, i.e., a joint and several surety, i.e., the insurance coverage amount of the insurance coverage amount.

C. As C did not perform its duty under the instant consignment agency contract concluded with K, K did not claim insurance money under the instant insurance contract to the Plaintiff. On August 5, 2016, the Plaintiff paid KRW 170,454,113 of the insurance money to K.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) Since D, E, F, G, H, and 8 Defendants, including the Plaintiff who guaranteed C’s obligation under the instant consignment agency contract, are in a relationship of joint surety under the Civil Act, the Defendants are obligated to pay to each Plaintiff the insurance money of 170,454,113 won paid to K, KRW 21,306,764, and delay damages corresponding to 1/8 of the insurance money of 170,454,113 won paid to K. The Defendants jointly and severally guaranteed C’s obligation under the instant consignment agency contract with 4/30 and jointly and severally guaranteed C’s obligation under the instant consignment agency contract with 4/30, and the guarantee period of 8/30 shall be two years in the case of joint and several suretys, and two months before the expiration of the guarantee period.

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