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(영문) 서울중앙지방법원 2015.07.24 2014가합37847
구상금 등
Text

1. The Plaintiff:

A. As regards Defendant A Co., Ltd, the amount of KRW 115,754,189 and KRW 40,412,703 among them, the amount of KRW 115,754,189 from July 2, 2011.

Reasons

1. Claim for indemnity against Defendant A, B, and C;

(a) The facts under the recognition do not conflict between the parties, or are recognized by comprehensively taking account of the overall purport of the pleadings in each entry in Gap evidence of 1 to 5 (including the number of pages; hereinafter the same shall apply).

1) The Plaintiff Company A (hereinafter “A”)

A As between A and B, A Co., Ltd. (hereinafter referred to as “balm construction”).

) With respect to each project subcontracted from the contractor, each of the contract performance guarantee insurance contracts on November 20, 2009, the contract performance guarantee insurance contracts on June 23, 2010, and the contract performance guarantee insurance contracts on July 1, 2010 (in succession, the term “Nos. 1, 2, and 3 guarantee insurance contracts” and the total of them “each of the instant guarantee insurance contracts”.

2) At the time, Defendant B had jointly and severally and severally guaranteed the obligation of Defendant C to the Plaintiff under the guarantee insurance contract No. 1, and the obligation of Defendant C to the Plaintiff under the guarantee insurance contract No. 2 and 3.

3) On November 11, 201 and December 12, 2010, A renounced the execution of each of the above subcontracted projects, and on December 31, 2010, the two-use construction filed a claim against the Plaintiff for the payment of insurance proceeds on the ground of the violation of the above subcontract agreement by A.) Accordingly, on July 1, 201, the Plaintiff paid 50,000 won of insurance proceeds under the guarantee insurance contract by the guarantee insurance contract by November 16, 201, and KRW 29,257,800 of insurance proceeds under the guarantee insurance contract by the third guarantee insurance contract by the Plaintiff.

Afterwards, some of the claims for indemnity that were acquired due to the payment of each of the above insurance proceeds are to be collected in total of KRW 115,754,189 (i.e., KRW 47,529,383, KRW 40,412,703, KRW 30, KRW 27,812,103).

B. According to the above findings of the judgment of the court of this case, the defendants are liable to the plaintiff as follows.

1. As to KRW 115,754,189 in total of the above indemnity obligations and KRW 40,412,703 in the amount sought by the Plaintiff after the payment date of each of the above insurance proceeds, Defendant A from July 2, 2011, and July 75.

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