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(영문) 서울중앙지방법원 2016.05.03 2015가합553353
보증보험금 청구
Text

1. The Defendant is at least 6% per annum from March 11, 2013 to August 27, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On December 14, 2009, the Plaintiff entered into a foreign currency payment guarantee agreement (hereinafter “instant payment guarantee agreement”) with the spatial integrated architect office (hereinafter “space construction”), and issued an advance payment guarantee agreement (AP-Bond Prond Prond Prond Prond) and a contract performance guarantee agreement (P-Bond P-Bond Prond Prond) with the execution guarantee agreement, in order to secure the obligation to return advance and the obligation to perform the contract, to be borne by Algera Development Office in accordance with the contract terms and conditions that the spatial construction entered into with Algera Development Office (hereinafter “AP-BV”).

B. The Defendant entered into a guarantee insurance contract (payment) with the Plaintiff and the content of the guarantee (payment) with the term “payment guarantee pursuant to the guarantee transaction agreement” (hereinafter “instant guarantee insurance contract”) in order to guarantee the obligation of indemnity that the spatial construction bears against the Plaintiff pursuant to the instant guarantee agreement, and issued a performance guarantee insurance policy (payment) with the contents as indicated below.

C. After that, the guarantee period of the instant guarantee agreement between the Plaintiff and spatial architecture was extended by December 31, 2012. The insurance period of the instant guarantee insurance contract between the Defendant and spatial architecture was extended by February 28, 2013.

On the other hand, the spatial building filed an application for rehabilitation with the Seoul Central District Court 2012 Ma250 on December 11, 2012. On January 9, 2013 and September 27, 2013, the said court decided to commence rehabilitation and to grant authorization on September 27, 2013, and the said rehabilitation procedure was completed on February 28, 2014.

E. On February 26, 2013, where the Plaintiff requested the Defendant to extend the term of the instant guarantee insurance contract, and did not extend the term, the Plaintiff may claim insurance money based on the prior right to indemnity (hereinafter “instant insurance money”).

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