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(영문) 서울동부지방법원 2016.07.01 2013가단57321
구상금 등
Text

1. The Plaintiff:

A. Defendant A, B, C, and D are jointly and severally liable for KRW 120,000,000 and the aforementioned amount.

Reasons

1. Basic facts

A. On May 29, 2013, the Plaintiff entered into a guarantee insurance contract (hereinafter “instant insurance contract”) with the Defendant A Co., Ltd. (hereinafter “Defendant A”) for the payment guarantee of credit goods with respect to the payment guarantee of credit goods, with the insured Non-Party A Co., Ltd. (hereinafter “Non-Party A”), the insurance amount of KRW 120 million, and the insurance period from May 28, 2013 to May 27, 2014 (hereinafter “the instant insurance contract”). In relation to the instant insurance contract, Defendant B (hereinafter “Defendant B”), C, and D jointly and severally guaranteed all obligations that Defendant A owes to the Plaintiff, and Defendant E and F jointly and severally guaranteed only KRW 100,00,000,000, out of those obligations that Defendant A owes to the Plaintiff.

B. After that, upon Defendant A’s nonperformance of obligation, Nonparty A filed a claim with the Plaintiff for insurance money on the ground that the instant insurance accident occurred under the instant insurance contract on August 1, 2013, and the Plaintiff paid KRW 120 million to Nonparty A Company on September 17, 2013.

C. Defendant D and E’s disposal act (1) purchased the real estate listed in the separate sheet (hereinafter “instant real estate”) on September 5, 2012 with Defendant D, a co-ownership of each 1/2 equity share by purchasing the real estate in the separate sheet (hereinafter “instant real estate”).

(2) Defendant E and D completed the provisional registration of the right to claim the transfer of the entire share of co-owners (hereinafter “the provisional registration of this case”) on July 8, 2013, on the ground of the pre-sale agreement (hereinafter “instant pre-sale agreement”) as of July 8, 2013, the Seoul Eastern District Court received on July 8, 2013.

(3) Defendant G completed the provisional registration of partial transfer of the right to claim ownership transfer on the ground of partial transfer on August 16, 2013, No. 54522, which was received on August 16, 2013, with respect to the share of 3/10 of the instant provisional registration to Defendant H.

(4) As to the portion of each of the instant real estate from Defendant E and D on July 31, 2013, Defendant G and Defendant H.

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