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(영문) 서울중앙지방법원 2016.06.21 2015가단83482
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 183,550,684 and KRW 180,000,000 among them, from July 23, 2014 to June 2015.

Reasons

1. Basic facts

A. On August 26, 2009, when Defendant A and Defendant A entered into a goods supply contract with the Plaintiff’s Intervenor, the Plaintiff entered into a guarantee insurance contract (hereinafter “instant insurance contract”) with the terms that the Plaintiff would pay to the Plaintiff’s Intervenor within the insurance coverage amount to the Plaintiff’s Intervenor if the Defendant A did not pay the sales amount to the Plaintiff’s Intervenor from August 21, 2009 to August 20, 201.

B. Defendant B and Defendant C guaranteed the obligation to be borne by Defendant A to the Plaintiff according to the instant insurance contract within the limit of KRW 270 million.

B. On April 6, 2011, the Plaintiff filed a claim with the Plaintiff for insurance proceeds by asserting that Defendant A had paid the amount of KRW 175,860,133, and the Plaintiff paid KRW 180 million to the Plaintiff’s Intervenor on April 24, 2014.

[Ground for Recognition: Facts without dispute, entries in Gap1 through 5, purport of the whole pleadings]

2. Issues and judgments

A. In the instant case where the Plaintiff paid the insurance money upon the occurrence of the insurance accident based on the instant insurance contract, and thereafter seeking reimbursement against the Defendants under the instant insurance contract, the Defendants did not have any insurance accident as stipulated in the instant insurance contract, and the Plaintiff’s claim for goods payment against the Defendant A was asserted to the effect that there was no insurance accident as false sales, and the issue of the instant case is whether the Plaintiff’s auxiliary intervenor’s claim for goods payment against the Defendant A was genuine.

B. In full view of the purport of the entire pleadings, Defendant A’s purchase of automobile exhaustion from the Intervenor of the Plaintiff on March 29, 2010, taking into account the respective descriptions of the judgment No. 1 or No. 3 (including each number), and the purport of the entire pleadings.

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