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(영문) 부산지방법원 2016.11.29 2016가단324836
구상금
Text

1. The Defendant: (a) from June 28, 2016, to Plaintiff A, KRW 33,30,000; (b) KRW 30,060,000; and (c) respectively, to Plaintiff B.

Reasons

1. Basic facts

A. Performance (Sales of Goods) 1) D Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) on February 23, 2013

B) As between the insured and the Busan Common Fishing Market, the purchase amount of insurance to KRW 160 million, and the insurance period from February 23, 2013 to February 22, 2016 (hereinafter “instant guarantee insurance contract”).

(2) At the time of conclusion, the Plaintiffs and the Defendant jointly and severally guaranteed the Seoul Guarantee Insurance within the limit of KRW 100 million each of the claims for reimbursement based on the instant guarantee insurance contract.

B. After the payment of insurance proceeds, D did not pay the sales proceeds of fishery products to the Busan Joint Fishing City Mayor due to the shortage of funds, and the insurance accident occurred, the Busan Joint Fishing City Mayor claimed insurance proceeds from the Seoul Guarantee Insurance on March 2, 2015, and the Seoul Guarantee Insurance paid KRW 160 million insurance proceeds to the Busan Joint Fishing City Mayor on April 1, 2015.

C. After the payment of insurance proceeds as a result of the claim for indemnity lawsuit, the Seoul Guarantee Insurance Co., Ltd. filed a claim for indemnity against D and the Plaintiffs and the Defendant on January 26, 2016, this Court rendered a judgment to the effect that “D and the Plaintiffs and the Defendant jointly and severally paid the Seoul Guarantee Insurance Co., Ltd. KRW 160,789,041 and KRW 160,000 among them, KRW 9% per annum from May 2, 2015 to August 6, 2015, KRW 20% per annum from the following day to September 30, 2015, and KRW 15% per annum from the next day to the date of full payment, and the said judgment became final and conclusive at that time.

1) On February 12, 2016, Plaintiff A deposited KRW 100 million with Seoul Central District Court KRW 3018,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

[Grounds for recognition] The facts without dispute, A 1 to 10 numbers.

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