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(영문) 서울중앙지방법원 2017.06.12 2017가단6625
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 256,481,452 as well as KRW 202,108,924 as to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. 1) On March 8, 2013, the Plaintiff omitted the indication “stock company” for Defendant A Co., Ltd. (former trade name: D: hereinafter “Co., Ltd.”) on March 8, 2013.

B) In order to guarantee the payment of sirens that Defendant A owes to the insured rinkers, Defendant A concluded a performance guarantee insurance contract with the term “insurance period from March 8, 2013 to March 8, 2016, and KRW 287,00,000,00”. Defendant K.C and Ma C (Death on June 24, 2013, hereinafter “the deceased”).

(B) Defendant A jointly and severally guaranteed the liability for reimbursement that Defendant A owes to the Plaintiff. B. On September 26, 2014, the Plaintiff paid KRW 203,987,805 on behalf of the Plaintiff on September 26, 2014. (c) Defendants B, E, and F, the wife of the Deceased’s heir. Report on the renunciation of inheritance (Korean Government High Court High Court High Court High Court High Court High Court High Court High Court High Court Decision 2013Do1151) on October 2, 2013; Defendant B’s report on the refusal of inheritance (Korean High Court High Court High Court High Court 2013No 1150)’s approval on the inheritance of Defendant B (Seoul High Court High Court 2013No 1150) was accepted on November 14, 2013. Meanwhile, the Plaintiff’s claim for reimbursement was partially recovered, and the Plaintiff’s claim for reimbursement was not determined as KRW 202,108,924.16.27.15.216

B. According to the above facts of determination, the Defendants jointly and severally paid to the Plaintiff KRW 256,481,452 (the principal amount of the reimbursement 202,108,924 KRW 54,372,528) and the amount of KRW 202,108,924 as claimed by the Plaintiff from October 14, 2016 to February 20, 2017, on the record that the Defendants are the last delivery date of the instant complaint, as the Plaintiff seeks from October 14, 2016.

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