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(영문) 대구지방법원서부지원 2015.01.22 2012가단9199
구상금
Text

1. The Defendants shall jointly and severally serve as KRW 100,000,000 on the Plaintiff and as a result, from March 13, 2012 to June 28, 2012.

Reasons

1. Claim against Defendant D and E

(a)as shown in the reasons for the attachment of the claim;

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

2. Claims against Defendant A, B, and C

A. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of each fact inquiry made on October 15, 2012 and November 5, 2013 as follows: Gap evidence Nos. 1 through 6, Eul evidence Nos. 1-2, Eul evidence Nos. 1-3, Eul evidence Nos. 2-3, Eul evidence No. 2-2, and LSM Ltd.

(1) Around December 2009, Defendant A entered into an agency contract for agricultural machinery that Defendant A received agricultural machinery, etc. from the Nonparty Company (hereinafter “Nonindicted Company”) with the Nonparty Company, and Defendant B and C, on the same day, jointly and severally guaranteed Defendant A’s debt to Nonparty Company.

(2) On August 25, 2010, in order to guarantee the credit goods payment obligation under the above agency contract entered into with the non-party company, Defendant A entered into a performance guarantee insurance contract (hereinafter “the instant guarantee insurance contract”) with the non-party company, the insurance amount as KRW 100 million, from August 23, 2010 to August 22, 201, and issued the guaranty insurance policy.

Defendant A agreed not to inflict damages on the Plaintiff by faithfully discharging the obligation of Defendant A guaranteed by the Plaintiff due to the foregoing guarantee insurance contract, and the insurance money shall be immediately reimbursed when the Plaintiff paid the insurance money, but in the event of delay, the amount of damages for delay calculated by adding the interest rate on delay (15 per annum) as determined by the Plaintiff.

(3) As to the above guarantee insurance contract, Defendant B and C jointly and severally guaranteed the obligation of indemnity to be borne by Defendant A to the Plaintiff.

(4) The Defendant A’s agricultural machinery equivalent to KRW 1,512,593,500 from the Nonparty Company during the insurance period of the instant guarantee insurance contract.

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