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1. The defendant jointly and severally with the joint debtor C Co., Ltd., and the plaintiff 41,589,765 won and its amount.
Reasons
1. Basic facts
A. When the non-party company receives the “E” from DD Corporation, the non-party company concluded an advance payment guarantee insurance contract under the said construction contract with F Co., Ltd. (hereinafter “F”) on June 26, 2017, with the content that it is the policyholder non-party company and the insured D Corporation.
(B) The insurance period of the above insurance contract, the amount of insurance coverage, etc. was modified after the amendment. (hereinafter "the insurance contract of this case").
The defendant (the representative director of the company overseas) guaranteed the payment of the debt under the insurance contract of this case that the non-party company bears against F as a policyholder, and the plaintiff (the plaintiff is an affiliated company of the company overseas) also guaranteed the repayment of the debt of the non-party company.
C. Around March 2019, F actually discontinued the execution of the said construction work, F paid insurance money of KRW 377,581,000 to D Corporation according to the instant insurance contract, and demanded reimbursement of the payment premium to the Plaintiff, etc.
Accordingly, from June 13, 2019, the Plaintiff
8. Until December 21, 200, F repaid total of 383,179,530 won of paid premiums and delay damages. Meanwhile, 150,000,000 won of the above repayment amount at around that time the Plaintiff requested the Defendant to bear the burden, and from the Defendant May 29, 2019;
6.10.1 and
7.4. Money remitted and paid to F in the amount of redemption.
E. On September 4, 2019, the Plaintiff filed an application for an order for payment with the Defendant as a joint debtor as the primary debtor of the non-party company and a joint guarantor on September 4, 2019, the payment order was issued on September 5, 2019, stating that “the non-party company shall pay KRW 233,179,530 among the above amount, and the Defendant jointly and severally with the non-party company shall pay KRW 116,589,765 among the above amount, and delay damages,” (this Court Decision 2019j1516), the portion on the non-party company among the above payment order was finalized, and the part on the non-party company was submitted to the litigation procedure of this case according to the Defendant’s objection.