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(영문) 광주지방법원 2015.05.12 2014가단54378
구상금
Text

1. Defendant (Appointed Party) and the appointed parties B, C, D, and E jointly and severally with the Plaintiff KRW 33,349,310 and KRW 30,781,394 among them.

Reasons

1. Facts of recognition;

A. The Defendant (Appointed Party; hereinafter “Defendant”) entered into a guarantee insurance contract for authorization and permission (hereinafter “the instant guarantee insurance contract”) with the head of the complete-head of the Gun, to guarantee deposit for restoration expenses due to conversion of a mountainous district with the purchase price of 238,515,00 won on January 16, 2004, and the insurance period of 238,515,000 won on March 7, 2002 to June 30, 2005, with the insured worker’s head of the Gun (hereinafter “instant guarantee insurance contract”).

B. According to the instant guarantee insurance contract, where Defendant A fails to comply with the order to restore the forest of this case to its original state because the period of permission for mountainous district conversion expires or is not extended, the head of the competent Gun may claim insurance money against the Plaintiff. In the event that the Plaintiff paid insurance money within the insurance coverage amount, Defendant A paid the insurance money subrogated by the Plaintiff immediately, but if it is delayed, the payment is made within the maximum interest rate among the general loan interest rates in commercial banks from the day following the payment date of the insurance money to the day of full payment, by adding the delay interest rate as determined by the Plaintiff within the maximum interest rate (15% per annum per annum). The Selection B, C, D, Nonparty G, and H stand stand joint and several surety as to the above indemnity repayment obligation against the Plaintiff on the same day.

C. Defendant A submitted a guaranty insurance policy under the instant guarantee insurance contract, and obtained permission for and authorization for the conversion of the forest of this case from the head of complete-head of Si/Gun to convert the forest of this case into a forest of this case.

After that, according to the extension of the period of permission for conversion of a mountainous district by Defendant A, the guarantee insurance contract of this case has increased to KRW 327,041,00 from April 7, 2008 to KRW 327,000, and the insurance period has been extended from March 7, 2002 to September 30, 2010.

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