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(영문) 부산고등법원 2016.09.28 2015나1802
구상금등
Text

1. Of the judgment of the court of first instance, the part concerning the defendant corporation's towing is revoked, and the plaintiff's towing is the defendant corporation.

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is as follows, and this part of the judgment of the court of the first instance is the same as that of the judgment of the court of the first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

제3면 제15행의 “피고 A, B, C, D” ⇒ “제1심 공동피고 A, B 및 피고 C, D” 제4면 제4, 5행의 “이행보증보험계약을” ⇒ “이행보증보험계약[이하 위 이행보증보험계약(증권번호 H, 보험가입금액 7억 원)을 ‘이 사건 이행보증보험계약’이라 한다. 이하 같다]을”

2. Determination as to the claim against Defendant C and D

A. According to the facts examined prior to the determination as to the cause of the claim, Defendant C and D, a joint and several surety of the F Co., Ltd. (hereinafter “F”), are jointly and severally liable to pay the Plaintiff the indemnity amount of KRW 142,596,498, and the Plaintiff’s annual interest rate of KRW 6% from December 17, 2013 to January 15, 2014, the following day following the date on which the Plaintiff paid the insurance money, to Addives Korea Co., Ltd. (hereinafter “Adives Korea”), the agreed interest rate of KRW 9% per annum from January 16, 2014 to March 16, 2014, the agreement rate of KRW 9% per annum from March 17, 2014 to April 30, 2014, the delivery date of an application for change of the purport of the claim and the cause of the claim, and each of the annual interest rate of KRW 15% per annum from the following day of each Special Act.

B. Determination 1 on Defendant C and D’s assertion that an insurance accident occurred after the lapse of the insurance period is determined as to the assertion that the insurance accident occurred after the lapse of the insurance period. Defendant C and D(hereinafter “Defendant C, etc.”)’s summary of the assertion is as follows: (a) Defendant C and D (hereinafter “Defendant C, etc.”) have occurred only after the expiration of the insurance period of performance guarantee insurance that the Plaintiff entered into between F and F to guarantee F’s obligation to purchase goods to the Intervenor (Pama Korea Limited Liability Company).

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