Text
1. The defendant,
A. 648,836,327 won to Plaintiff A and 5% per annum from November 20, 2015 to June 1, 2017.
Reasons
1. Basic facts
A. The Defendant is a company established on June 18, 2001 on the ground that the mine development and operation business, mineral extraction and sale business of earth, sand, and rock, etc. are intended businesses.
B. The Defendant obtained permission to collect earth and stones (the permission authority: the Gwangju City Mayor) with respect to the land outside Gwangju City D and one parcel (hereinafter “the instant mountainous district”), and conducted tin acid development activities from December 14, 1996 to April 30, 2006.
C. Upon the completion of April 30, 2006, the Defendant was demanded by the Gwangju City Mayor, the permitting authority, to deposit restoration expenses that guarantee the implementation of the instant mountainous district restoration work.
Accordingly, in order to perform the above duty of deposit of recovery expenses, the Defendant entered into the following license insurance contract and modified contract between the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) to guarantee the duty of deposit of recovery expenses with the insured as Gwangju City (hereinafter “instant guarantee insurance contract”) and issued the guarantee insurance policy of authorization and permission by the Plaintiff, and issued it to Gwangju City.
The Plaintiffs, lender Development Co., Ltd., and E jointly and severally guaranteed the Defendant’s indemnity liability for the Seoul Guarantee Insurance (hereinafter “instant indemnity liability”) pursuant to the instant guarantee insurance contract.
(However, the defendants are jointly and severally guaranteed within the limit of KRW 4,341,956,460). The contract (the first contract) dated 17, 2008 - the amount of insurance coverage: KRW 2,599,563,00: the insurance coverage period: the insurance coverage period from July 7, 2008 to June 30, 2009 - the insurance coverage amount of KRW 2,812,893,00: the insurance coverage amount of KRW 2,812,893,00 from July 7, 2008 to December 31, 2010: the amended contract amount of December 17, 2010 - the insurance coverage amount of KRW 2,894,637,640: the insurance period from July 7, 2008 to June 20, 208 to July 31, 2017.
D. As the Defendant failed to complete the restoration of the instant mountainous district within the aforementioned insurance period, the occurrence of the instant insurance accident stipulated in the instant guarantee insurance contract occurred, and Gwangju City on October 14, 2013.