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(영문) 대구지방법원서부지원 2017.11.21 2017가단10460
구상금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd: 769,849,258 won;

B. Defendant B shall be jointly and severally with Defendant A corporation.

Reasons

1. Claim against Defendant A, and Defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

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

2. Defendant A Co., Ltd. (hereinafter “A”) entered into a guarantee insurance contract with the Plaintiff for the repayment of loans from Korea Education Insurance Co., Ltd. and Samsung Life Insurance Co., Ltd. to secure defect liability deposits arising from the construction of a new apartment system by the council of occupants’ representatives. D has jointly and severally guaranteed the liability for indemnity to be borne by Defendant A under the above guarantee insurance contract. The Plaintiff paid the insurance money under the above guarantee insurance contract due to Defendant A’s failure to repay the above loans. However, upon the death of Defendant C succeeded to Defendant C., Defendant C filed a claim for a qualified acceptance judgment on the network D and received an adjudication to accept the claim. The Plaintiff filed a claim for indemnity payment against the Defendants with the Daegu District Court 2007Da2873, Aug. 24, 2007; “Defendant C is not jointly and severally liable with Defendant A for reimbursement within the scope of inherited property; KRW 350,468,799 and KRW 26965 decided May 16, 2006.

Therefore, Defendant C is jointly and severally obligated to pay the amount of indemnity to be borne by Defendant A within the scope of the property inherited from the network D, as above, KRW 366,523,276, out of KRW 769,849,258.

Defendant C shall be the property inherited from the network D.

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