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(영문) 부산지방법원 2015.02.12 2013가합17875
구상금등
Text

1. Defendant A, B, C, and D jointly and severally with the Plaintiff KRW 142,596,498 as well as their related thereto from December 17, 2013 to January 15, 2014.

Reasons

1. Basic facts

A. (1) On November 16, 2012, the Plaintiff and F Co., Ltd. concluded a performance guarantee insurance contract (hereinafter “instant performance guarantee insurance contract”) with the joint and several surety of Defendant A, B, C, and D to secure the F’s goods payment obligation for the Korea Stock Company F. In order to secure the goods payment obligation for the Korea Stock Company F., the Plaintiff and F.C. concluded a performance guarantee insurance contract with the securities number G, the insured ID Korea Co., Ltd., the insurance amount of which is KRW 200 million, the insurance period from November 5, 2012 to November 4, 2013.

(2) On the other hand, on August 27, 2012, prior to the conclusion of the instant performance guarantee insurance contract, the Plaintiff and the FF concluded a performance guarantee insurance contract with the securities number H, the insured ID Korea Ltd., the insurance amount of KRW 700 million, and the insurance period from July 22, 2012 to July 21, 2013, in order to secure the identical goods payment obligation of FDD Korea Co., Ltd. for the same goods.

(3) Thereafter, on October 24, 2013, F Co., Ltd.: (a) filed a claim for the payment of insurance proceeds of KRW 70 million with the performance guarantee insurance contract as of August 27, 2012; (b) KRW 56,348,54 under the performance guarantee insurance contract as of August 27, 2012; and (c) KRW 633,638,669, excluding damages not secured by the said claim; and (d) KRW 641,684,240,00 in total, KRW 641,684,240 in accordance with the double insurance policy as of December 16, 2013; and (b) KRW 56,348,48,579 under the performance guarantee insurance contract as of August 27, 2012; and (c) KRW 638,684,240 in total,000,000 insurance proceeds under the insurance contract as of this case;

(4) The rate of damages for delay arising from the payment of insurance proceeds under the performance guarantee insurance contract of this case is 6% per annum from the date following the date of subrogation to 30 days, 9% per annum from 31 days to 90 days, and 15% per annum from 91 days to the date of full payment.

B. Defendant D and Defendant E’s act of disposing of the property of Defendant D on January 2, 2013

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