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(영문) 부산지방법원 2016.03.25 2015가단229347
구상금등 청구의 소
Text

1. Defendant Incorporated Incorporated Co., Ltd. and Defendant B jointly and severally with the Plaintiff KRW 58,849,440 and the Plaintiff’s aforementioned amount.

Reasons

1. Facts of recognition;

A. (1) On October 17, 2014, the Plaintiff entered into a guarantee insurance contract (hereinafter “instant guarantee insurance contract”) between Defendant Incorporated Company A (hereinafter “instant company”) and the insured Incorporated Company A (hereinafter “instant company”), with the subscription amount of KRW 60,000,000, and the insurance period from October 13, 2014 to October 12, 2015, and Defendant B, the representative director of the Defendant Company, jointly and severally guaranteed the Defendant Company’s liability for indemnity against the Plaintiff under the instant contract.

(2) Around June 2015, the Defendant Company did not perform its duty to pay the purchase price of credit goods on credit with the company, and caused an insured incident. On July 21, 2015, the Plaintiff claimed KRW 58,849,440 of the insurance money under the said guarantee insurance contract to the Plaintiff. The Plaintiff paid the amount to the Plaintiff on August 18, 2015.

B. (1) On March 10, 2015, Defendant B completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage”) of KRW 120,00,000 on the ground of the contract to establish a mortgage (hereinafter “mortgage”) as of March 11, 2015 with respect to the real estate listed in the attached Table 1 set forth in the attached Table 1 (hereinafter “instant mortgage contract”).

(2) On April 20, 2015, the Defendant Company completed the registration of Changwon District Court on April 17, 2015 on the ground of the pre-sale agreement (hereinafter “the instant pre-sale agreement”) and the provisional registration of the right to claim ownership transfer (hereinafter “the instant provisional registration”) under Article 37436 of the receipt of April 20, 2015, to Defendant E on the ground of the registration of Changwon District Court and the provisional registration of the right to claim ownership transfer (hereinafter “the instant provisional registration”). On July 14, 2015, Defendant E completed the registration of the right to lease on a deposit basis (hereinafter “the instant contract to lease on a deposit basis”) and the registration of the establishment of chonsegwon of KRW 80,00,000 on July 21, 2015 (hereinafter “the instant lease on a deposit basis”).

[Reasons for Recognition] Defendant Incorporated Incorporated Company A and D.

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