logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.03.19 2014가합7950
구상금 등
Text

1. Defendant A, B, and C are jointly and severally liable to the Plaintiff for KRW 188,890,000 and its related amount from April 19, 2014 to May 19, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company running non-life insurance business, such as guarantee insurance, and the Defendant A (hereinafter “Defendant A”) is a company running the business of manufacturing electronic pipes and other electronic parts.

Defendant B is an internal director of the Defendant Company, and Defendant C is the father of Defendant B, and Defendant D is the siblings of Defendant B.

B. On July 9, 2010, the Plaintiff and the Defendant Company entered into a performance guarantee insurance agreement with the Defendant Company (hereinafter “instant supply agreement”) with the Plaintiff’s Intervenor to deliver the location tester at KRW 377,780,000, and the delivery deadline on October 17, 2010 (hereinafter “instant supply agreement”).

(2) On August 3, 2010, the Plaintiff concluded a performance guarantee insurance agreement with the Defendant Company to pay insurance money (hereinafter “instant insurance agreement”) to the Plaintiff’s Intervenor in the event of an insured incident due to the Defendant Company’s failure to perform its obligations or obligations under the instant supply contract, and issued the performance guarantee insurance policy to the Plaintiff’s Intervenor and then deliver it to the Plaintiff’s Intervenor.

However, the plaintiff decided to secure only advance payment after July 28, 2010.

On July 28, 2010 to December 16, 2010, Defendant B and C guaranteed all the obligations owed by the Defendant Company to the Plaintiff under the instant insurance agreement. (C) On October 20, 2011, the Plaintiff’s Intervenor’s claim for insurance money and the Plaintiff’s payment of insurance money was claimed against the Plaintiff on the ground of the occurrence of the insured event, and the Plaintiff paid KRW 18,890,000 to the Plaintiff’s Intervenor on April 18, 2014.

2. According to the instant insurance agreement, the Plaintiff bears the guaranteed obligation.

arrow