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(영문) 부산지방법원 2015.12.02 2014가합15531
구상금 등
Text

1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 440,00,00,000 and the aforementioned amount shall be from November 16, 2012 to December 15, 2012.

Reasons

1. Basic facts

A. (1) On January 1, 2012, the Plaintiff, including the conclusion of a guarantee insurance contract, concluded a guarantee insurance contract with Defendant A to the effect that, during the period from January 1, 2012 to December 31, 2012, Defendant A was supplied with goods by Hyundai Mam Bank Co., Ltd. (hereinafter “Nonindicted Company”) and, in the event of failure to pay the price, the Plaintiff guarantees the payment of the unpaid goods to the Nonparty Company (the insurance contract period: from January 1, 2012 to December 31, 2012; the insurance amount: 40,000,000, and the insurance amount: F; hereinafter “instant guarantee insurance contract”).

(2) Defendant B and C guaranteed all the obligations owed to the Plaintiff by Defendant G arising from the said guarantee insurance contract on the same day.

(3) Article 3(1) and (2) of the Guarantee Insurance Contract provides that “When the Plaintiff has paid the insurance money to the insured due to the occurrence of the insurance accident, the principal and the guarantor shall pay the amount of indemnity and the amount of indemnity to the insured from the day following the date of payment of the insurance money to 30 days: 6% per annum from the day following the date of payment of the insurance money set by the Plaintiff: 31 to 90 days per annum: 9% per annum, and 15% per annum.

B. On October 12, 2012, Nonparty Company claimed insurance money against the Plaintiff on the ground that “Defendant A’s insurance accident occurred due to the payment of goods.”

(2) On November 15, 2012, the Plaintiff paid KRW 440,000,000 insurance money to the non-party company.

C. (1) The Defendant A operated a gas station at each gas station site listed in the separate sheet No. 1 and No. 2 as indicated in the separate sheet No. 3 as well as the building listed in the annexed sheet No. 3 as to the conclusion of a sales contract and a lease contract (hereinafter the above land and buildings were referred to as “each of the instant real estate”). The land for each of the above gas stations was the Changwon District Court’s private registry office as of July 31, 2009, and the Defendant A, Samcheon National Agricultural Cooperative Co., Ltd. as to the obligor A and the collateral security interests.

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