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(영문) 서울중앙지방법원 2019.05.22 2019가단5012605
구상금
Text

1. The defendant shall be jointly and severally with D to KRW 150,901,552 as well as KRW 99,139,596 as to KRW 150,90,552 as well as to December 12, 2018.

Reasons

1. In full view of the purport of the evidence No. 1-5 of the judgment as to the cause for the claim, the defendant who has jointly and severally guaranteed the obligation of indemnity by E Co., Ltd. (hereinafter “E”) under the performance guarantee insurance contract (hereinafter “E”) shall be jointly and severally liable to pay to the plaintiff who has paid the insurance money to the insured Busan Urban Corporation according to the above guarantee insurance contract, 150,901,552 won and 99,139,596 won from July 1, 2018 to December 12, 2018, which is the delivery date of the original copy of the instant payment order from the date of delivery of the original copy of the instant payment order, 9% per annum interest rate, and damages for delay calculated at 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

2. As to the judgment on the defendant's assertion, the defendant asserts that it is excessive to ask the defendant that he had already resigned from a joint representative and retired from E one year prior to the disposition of default, so the defendant's liability for indemnity of this case is excessive. Thus, the defendant's liability for joint and several liability cannot be viewed as extinguished solely on the grounds alleged by the defendant. In full view of the above evidence, the time when the plaintiff paid the insurance money seems to have been after the retirement of the defendant, but as long as the defects of the apartment constructed after the defendant concluded the above guarantee insurance contract as the representative director of E, there is no reason to reduce the defendant's liability.

Therefore, the defendant's above assertion is without merit.

3. Conclusion, the plaintiff's claim is justified.

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