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(영문) 부산지방법원 2014.01.24 2012가합21631
구상금등
Text

1. As to KRW 448,850,00 against the Plaintiff Seoul Guarantee Insurance Co., Ltd. and KRW 233,250,000 among them, Defendant C shall have the effect on KRW 448,850,000.

Reasons

1. Basic facts

A. Nonparty A Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) entered into a guarantee insurance contract with the Plaintiff Guarantee Insurance Co., Ltd. (hereinafter “Plaintiff Seoul Guarantee Insurance Co., Ltd.”), and the Nonparty Co., Ltd. and the Nonparty Co., Ltd. entered into a guarantee insurance contract with respect to the supply contract between the Nonparty Co., Ltd. and the Plaintiff Co., Ltd. (hereinafter “Defendant Co., Ltd.”). Nonparty B and the Defendant Co., Ltd, the representative director of the Nonparty Co., Ltd., jointly and severally guaranteed the Defendant Co., Ltd.’s obligation under each of the instant guarantee insurance contract

Article 1 Agreement 2. (State) Insured Party A (State) performance guarantee insurance contract for D insurance products under the name of the main contract for Poco Construction (Advance), performance guarantee (contract) performance guarantee (contract) insurance period from April 24, 2012 to August 31, 2012, the insurance amount of 139,950,000 won from August 18, 2012 to August 31, 2012, and KRW 93,000,000 under an advance payment guarantee contract under the supply contract for the contents of guarantee amount of KRW 139,950,000,000, the insured amount of KRW 3.4 (State), the policyholder’s non-insured Party A’s contract deposit under the Agreement 3. (State) insurance contract for the performance guarantee insurance contract for E/PLTRM under the name of the main contract, external producer F/PLM insurance contract for 00,000 won to 130,201.

B. However, if the non-party company did not perform the obligation under the above supply contract, the non-party company claimed insurance money against the Plaintiff Seoul Guarantee Insurance Co., Ltd. around October 2012. On November 21, 2012, the said Plaintiff paid KRW 233,250,000 to the Macco Construction Co., Ltd. and KRW 215,60,000 to the said Macco Construction Co., Ltd. on November 23, 2012.

C. The overdue interest rate under each of the guaranteed insurance contracts of this case is 30 days from the day following the date of payment of insurance money.

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