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(영문) 수원지방법원 2018.05.02 2016가단39176
구상금
Text

1. Defendant A and C jointly and severally with C, as to KRW 539,520,80 and KRW 531,504,260 among them, respectively.

Reasons

1. Determination as to the claim against Defendant A

(a) Grounds for a claim: To be as specified in attached Form 1;

(b) Judgment on deemed confession: Article 208 (3) 2 of the Civil Procedure Act;

2. Determination as to the claim against the defendant B

A. On December 26, 2014, the gist of the Plaintiff’s assertion (1) (hereinafter “Nonindicted Company C”) concluded a performance guarantee insurance contract with the Plaintiff on January 6, 2015, in order to secure the contract deposit when it receives a contract for D electrical construction from Hyundai item Co., Ltd. (hereinafter “Nonindicted Company”). Defendant B, as an internal director of the Nonparty Company, jointly and severally guaranteed the Nonparty Company’s indemnity liability against the Plaintiff under the said contract.

On December 26, 2014 through October 15, 2016, the insured insured amount of the policyholder insured, as the non-party company Hyundai item Co., Ltd. 230,000,000 won, was unable to perform the above contract, and the insured event occurred, and the Plaintiff paid KRW 230,000,000 of the insurance money to Hyundai item Co., Ltd. on May 31, 2016, pursuant to the above performance guarantee insurance contract, the Plaintiff is obligated to pay the Plaintiff the remainder of the indemnity liability, as stated in the purport of the claim.

② Defendant B’s joint and several liability assertion for expressive representation was made by means of a digital signature through an authorized certificate. Even if the above Defendant had used a third party without a direct digital signature, in order to affix a digital signature, the waterway number on the authorized certificate and the subscription contact number on the Plaintiff Company’s website are indispensable. The above Defendant’s offering of such information to a third party is a declaration of intent to confer a power of representation. Therefore, the above Defendant should be held liable for the expressive representation under Article 125 of the Civil Act.

B. First of all, there is no dispute between the parties that the above argument was made by means of digital signature via an authorized certificate, as to the health unit and the joint and several surety of the defendant B.

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