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(영문) 서울중앙지방법원 2015.01.15 2014가합3134 (1)
구상금 등
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: (a) KRW 79,959,489; and (b) KRW 79,567,104, from January 11, 2014, to June 201, 2014.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff is Defendant A Co., Ltd. (hereinafter “Defendant Company”).

In order to guarantee the payment of the sales amount to be borne by the Defendant Company, the following two guaranty insurance contracts (the sales amount), including the first guaranty insurance contract and the second guaranty insurance contract of this case, are as follows. The two guaranty insurance contracts, including the above two guaranty insurance contracts, are as follows.

Upon entering into each guarantee insurance contract of this case, Defendant B and C concluded two joint and several surety agreements between the Plaintiff and the Plaintiff to guarantee the obligation to be borne by the Defendant Company within the limit of 100,000,000 won each of the respective guarantee insurance contracts of this case. On April 1, 2013, on April 1, 2013, the insurance term period of the insured worker’s insurance contract was 80,000,000 won for Cheong Livestock Co., Ltd., Ltd. from April 1, 2013 to March 31, 2014, Defendant B and C did not claim the Plaintiff to pay the insurance money to the Plaintiff on March 22, 2013, the insurance money was 10-00-200-20130-1301301.

On December 11, 2013, the Plaintiff paid the insurance proceeds of KRW 79,567,104 to Cheonglim Livestock Co., Ltd., an agricultural company, and KRW 120,000,000 to Danon-Fung Co., Ltd.

3. On the other hand, the defendant company at the time of entering into each guarantee insurance contract of this case, where the plaintiff pays insurance money to the insured pursuant to each guarantee insurance contract of this case, shall immediately pay the insurance money paid by the plaintiff to the insured, and when delay is made, from the day following the day of payment

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