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(영문) 서울고등법원 2016.04.22 2015나2025660
배당이의
Text

1. The part of the judgment in the first instance against the defendant Special Self-Governing Province shall be revoked;

2. The plaintiff's defendant.

Reasons

1. Basic facts

A. G and H concluded each performance guarantee insurance contract with Hyundai Marine Fire Insurance Co., Ltd. as the insured as shown in the following table, and the Plaintiff jointly and severally guaranteed all the obligations owed by G and H to the Defendant Seoul Guarantee Insurance in accordance with each performance guarantee insurance contract as above.

The defendant Seoul Guarantee Insurance paid insurance money to the insured as specified in the following table in accordance with each insurance accident stipulated in the above performance guarantee insurance contract.

Securities No. 1 I G 16,500,000 KRW 16,363,542 won on May 21, 1997 2 J G 16,500,500 won on May 30, 1997 Ha 11,000,000 won on 3 KH 11,00,000 won on September 10, 1995 4 LH 11,000,600,000 won on September 10, 1995 4 LH 11,00,000,000 won on August 29, 1995.

B.1) With respect to each performance guarantee insurance contract as stated in the above table 1 and 2, Defendant Seoul Guarantee Insurance Co., Ltd., filed a claim for reimbursement against the Plaintiff under Suwon District Court 2002Da25378, Jul. 3, 2003, and the above court rendered a judgment on July 3, 200 that "the Plaintiff shall pay the Plaintiff 48,98,336 won to the Seoul Guarantee Insurance and 32,79,207 won (= KRW 16,363,542 won) to the Defendant, 16,435,65 won per annum from August 23, 199 to the date of full payment, and the above judgment became final and conclusive on August 20, 203; the Defendant Guarantee Insurance Co., Ltd., 2013 to the Seoul Central District Court 201, 36.45% of the total amount of money to the Plaintiff’s indemnity insurance contract, 203, 16.36.45% of the Defendant Guarantee Insurance Co.

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