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(영문) 서울서부지방법원 2014.05.15 2013가합3613 (1)
구상금
Text

1. The Plaintiff, Defendant B Co., Ltd., 358,900,955 won, Defendant E, and F are jointly and severally with Defendant B Co., Ltd.

Reasons

1. Facts of recognition;

A. On January 6, 201, Defendant B Co., Ltd. (hereinafter “B”) drafted a performance guarantee insurance agreement (sale of goods) between the policyholder and the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) on which the content of the insured and the insurance contract is in blank (hereinafter “sale of goods”) as a policyholder at the second floor movable insurance agency (hereinafter “movable Agency”) of the Namyang-dong 1203, Namyang-dong 1203, Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”).

B. The instant agreement contains a clause that, if insurance money is paid under the instant guarantee insurance contract, the policyholder promises to jointly and severally perform the liability for indemnity to be borne by the Seoul Guarantee Insurance.

On January 6, 2011, Defendant E, F, and the Plaintiff entered and signed resident registration numbers, etc. in the joint and several surety column of the instant agreement, and D, the representative director of C Co., Ltd. (hereinafter “C”) directly visited the movable property agency on January 7, 201, and entered and signed the resident registration number in the joint and several surety column of the instant agreement, and signed C’s corporate name and corporate seal affixed thereon.

C. On January 13, 2011, Seoul Guarantee Insurance issued the instant guaranty insurance policy with the content of the guarantee as the payment guarantee for credit goods, from January 13, 2011 to January 12, 2012, to Defendant B: (a) the policyholder; (b) the insured; and (c) the Defendant B’s Pib Pib Co., Ltd. (hereinafter “Cheongan Haan Pib”), the insurance amount of KRW 300 million; and (d) the insurance period from January 13, 201 to January 1

On January 13, 2011, Defendant B entered into a trade agreement on the supply of steel products from his/her tubes (hereinafter “instant trade agreement”) and supplied the products, but did not pay KRW 370,775,000 as the trade price.

Accordingly, the Seoul Guarantee Insurance Contract is the Guarantee Insurance Contract of Hoan Pib.

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