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Defendant A and Defendant B, jointly and severally, jointly and severally, to the Plaintiff KRW 137,239,231 and its related amount from May 20, 2016 to May 20, 2016.
Reasons
Basic Facts
On June 3, 2015, Defendant A Co., Ltd. (hereinafter referred to as “Defendant Company”) entered into a basic contract on the performance (payment) guarantee contract, joint and several surety contract, and insurance money, which provides that the construction work shall be subcontracted from the Gosung Shipbuilding Marine Co., Ltd. (hereinafter referred to as “Nonindicted Company”) (hereinafter referred to as “Nonindicted Company”) which is a superior collaborative company, and accordingly entered into a performance guarantee insurance contract (payment) contract with the Plaintiff on July 6, 2015.
(hereinafter “instant contract”). The policyholder: The defendant company and the insured: the insurance amount covered by the non-party company: KRW 150,00,000: the insurance period covered by the non-party company’s insurance contract: Article 7 (Joint Guarantee) of the Agreement between June 3, 2015 and June 2, 2016 (Joint Guarantee) of the Agreement between June 3, 2015 and June 2, 2016.
【Special Clause】
1. A policyholder and the insured assume joint and several liability for the obligation to pay wages to workers (including the obligation to pay wages to workers regardless of whether a substitute payment is made or not) arising under a contract entered into between the policyholder and the insured. Defendant B registered as a representative director and an intra-company director of the Defendant Company on May 12, 2015, and entered into a joint and several liability agreement with the Plaintiff on July 6, 2015, where the insurance money is paid to the Defendant Company under the instant contract with the Plaintiff and the Defendant Company on July 6, 2015 (hereinafter “instant joint and several liability agreement”), and submitted a
However, around April 21, 2016, the employees of the defendant company filed a claim with the non-party company for the payment of overdue wages by asserting that they were not paid wages in March 2016. Around that time, the non-party company notified the non-party company of this fact with content proof.
On May 2, 2016, the non-party company claims insurance money under the instant contract to the Plaintiff and the Plaintiff.