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(영문) 대전지방법원공주지원 2016.01.14 2015가단716
구상금
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. D's permission to collect earth and stones and conclusion of guarantee insurance alteration contract 1) Sungju-gun is Sung-gun E and three parcels (hereinafter "the instant stone acid") on February 25, 2004 to D on February 25, 2004

(2) On April 1, 2012, Sungju-gun notified 504,580,000 won as expenses for recovery in mountainous district when permission for extension of the period was granted to D on April 1, 2012. 2) D, around April 2012, to deposit the above recovery expenses with guarantee insurance policy instead of cash, extended the insurance amount to 504,580,000 won among the terms and conditions of the contract of the authorization and license guarantee insurance that was concluded with the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”), and applied for approval for modification of the terms and conditions of the contract that extended the insurance period to December 31, 2013, the Seoul Guarantee Insurance Co., Ltd. approved this and concluded a contract for modification of the guarantee insurance.

B. At around April 2012, the Selection C, the Defendant, F, G, and H were jointly and severally and severally liable for reimbursement claim against D’s Seoul Guarantee Insurance based on the above modified contract in the process of concluding the above modified contract between the Selection C and the Defendant’s joint and several liability.

C. On September 12, 2013, Sungju-gun revoked the above permission for collection of earth and stones for reasons, such as deposit of additional mountainous district recovery expenses, collection of earth and stones other than the scope of permission. 2) Sung-gun notified D on September 23, 2013 of the North-gu design to D by October 14, 2013.

D In October 15, 2013, the Sung-gun filed a claim for payment of the guaranteed insurance amount of KRW 504,580,000 with the Seoul Guarantee Insurance.

3) On December 6, 2013, Seoul Guarantee Insurance paid KRW 504,580,000 to Sungju-gun, Sung-gun, 201. D. Seoul Guarantee Insurance’s application for provisional attachment and disposal of securities, 1) Seoul Guarantee Insurance against D, Appointor C, Defendant, and F for provisional attachment of real estate (Seoul District Court 2013Kadan3499) around November 2013.

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