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(영문) 서울중앙지방법원 2010.09.14 2009가단401577
구상금
Text

1. Defendant A’s KRW 44,885,650 for the Plaintiff and KRW 5% per annum from July 28, 2009 to December 9, 2009.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an insurance contract with Nonparty C, who operates metal processing business, with respect to high speed processing equipment damaged by the instant fire. Defendant A is a person who caused damage by fire in high speed air (FNUC RoBO RaL A-T 14iE) during the incineration of wastes, and Defendant C is a security service company which entered into a service contract for the above high speed processing equipment (hereinafter “Defendant C-Defendant C-Defendant C-Defendant C-Defendant C-Defendant C-Defendant”).

B. C, who operated metal processing business, purchased a high speed processing machine from OsungM and installed in Geumcheon-gu Seoul Metropolitan Government D, and offered it as security for transfer to the Bank on August 5, 2005.

C. On July 14, 2005, the Industrial Bank of Korea transferred the guarantee term to C by July 14, 2013, based on the credit guarantee form issued by the Seoul Credit Guarantee Foundation, which provides the guarantee amount of KRW 127,500,000, to C, but C transferred the guarantee term to “F” factory located at the time of the Si interesting of Defendant A, because C could not make a default and make a repayment of the loan, and thereby, C transferred the guarantee term to C without permission.

On January 30, 2007, the Industrial Bank of Korea entered into a contract for security service for Defendant C’s friendly development and high-speed processing machine. On January 7, 2009, the Bank received from the Seoul Credit Guarantee Foundation the amount of KRW 131,010,616 by subrogation for C’s loans, and transferred the above high-speed processing machine to the Seoul Credit Guarantee Foundation.

E. Even after the Industrial Bank of Korea transferred a high speed processing plant to the Seoul Credit Guarantee Foundation, it agreed that security guards will continue to carry out security services. The security guards’ fees will first be allocated from the proceeds from the sale of high speed air, and notified this fact to the Defendant Defendant Defendant Defendant Defendant Defendant Defendant Defendant Defendant Defendant Defendant Defendant Defendant Offense Development.

(f) Location E at Silsi, 18:31 February 21, 2009.

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