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(영문) 춘천지방법원원주지원 2014.12.11 2014가단6335
구상금
Text

1. The Plaintiff:

A. As to KRW 117,304,810 and KRW 112,034,00 among them, Defendant A shall have from August 9, 2014 to August 21, 2014.

Reasons

1. Facts of recognition;

A. Defendant A obtained permission from the Plaintiff’s Intervenor (hereinafter “the Intervenor”) for conversion of a parcel of 9,197 square meters other than Gangwon-gun D (hereinafter “instant land”). In order to guarantee the deposit for recovery expenses pursuant to the relevant laws and regulations, such as Article 38 of the Management of Mountainous Districts Act, Defendant A entered into a guarantee insurance contract with the Plaintiff for authorization and license (hereinafter “instant insurance contract”) with the insured from March 18, 201 to August 30, 201, with the insurance period of KRW 112,034,00,000, and the amount of insurance coverage from March 18, 2011 to August 30, 2013. Defendant B and C jointly and severally guaranteed the obligation based on the instant insurance contract within the limit of KRW 145,64,200.

B. On January 3, 2014, the Intervenor filed a claim with the Plaintiff for payment of KRW 112,034,000 insurance money, as Defendant A failed to implement restoration works despite the expiration of the period for permission to convert a mountainous district. On March 13, 2014, the Plaintiff paid the said insurance money (hereinafter “instant insurance money”) to the Intervenor who participated in the subsidization.

C. The principal and interest calculated by adding damages for delay, etc. under the instant insurance contract to the instant insurance proceeds amounts to KRW 117,304,810 as of August 8, 2014, and the rate of damages for delay from August 9, 2014 is 15% per annum.

The supplementary intervenor received the instant insurance money from the Plaintiff, and started the procedure of vicarious execution of restoration pursuant to Article 41 of the Mountainous Districts Management Act.

[Grounds for recognition] The entry of Gap evidence Nos. 1 through 11 and the purport of the whole pleadings

2. According to the above facts of determination, even though the period of permission for conversion of the mountainous district of this case expired, the defendant A failed to fulfill its duty to recover the mountainous district and caused an insured incident under the insurance contract of this case, and the plaintiff paid the insurance money of this case to the Intervenor who is the insured, the plaintiff acquired the right to indemnity against the defendant by subrogationing the

Therefore, Defendant A is about KRW 112,034,00 among them and KRW 112,034,00.

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