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(영문) 서울중앙지방법원 2014.05.14 2013가합528759
보험금
Text

1. The Defendant: (a) KRW 12,928,500,000 to the Plaintiff; and (b) 5% per annum from July 12, 2013 to May 14, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The relationship between the parties is that the transferee who received insurance claim claims against the Defendant from the Nonparty Company B (hereinafter “B”), and the Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”) entered into a construction contract with the Intervenor B, and the Defendant is a guarantee insurance company that entered into a guarantee insurance contract with the Intervenor.

B. Article 5 (Scope of Business Activities) (1) of the conclusion of the instant contract is as follows:

1. Execution of construction works (construction, civil engineering, landscaping, electricity, facilities, fire fighting and all other construction works, etc.) of apartment buildings and commercial buildings related to the construction project of the instant building;

4. Allotment of apartments, advertising, and publicity, and bearing service fees related thereto;

5. The joint and several sureties 6 (PF loan joint and several sureties 6 (PF loan joint and several sureties 6) of the joint and several sureties 6 (PF loan) of the intermediate payment lending institution in the sale of apartment and commercial buildings was jointly and severally guaranteed on December 27, 2006 in borrowing 55 billion won from the Korean bank, and B made best efforts to repay the loan amount in accordance with the schedule of repayment of the loan agreed with the Korean bank.

Article 8 (Duties of Sale in Lots and Public Relations, etc.) (1) Sale in apartment units shall be conducted by an intervenor who assists in the sale in the name of B, and commercial buildings shall be directly sold by B.

Provided, That in the case of selling apartment houses, B shall actively cooperate with the supplementary intervenor, and the supplementary intervenor in the case of selling commercial buildings shall actively cooperate with B.

B On February 23, 2007, with respect to the new construction of the Busan Building C (hereinafter “instant building”) between the Intervenor and the Intervenor, the contract was concluded with the amount of construction cost of KRW 128.36 billion, and the main contents thereof are as follows:

(hereinafter referred to as the “instant contract”) C.

Article 6 (Loan of Funds) (1) A subsidy intervenor shall conduct the construction of the building of this case.

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