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(영문) 대구지방법원 2017.11.07 2017가단17419
구상금
Text

1. The Defendants’ respective KRW 46,946,725 against the Plaintiff and Defendant B with respect thereto from September 13, 2017, and Defendant C.

Reasons

1. Indication of Claim: D (hereinafter “D”) concluded a performance guarantee insurance contract with Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) with respect to video advertising agency contract in the front line of urban railroad 1 and 2; the Plaintiff, the Defendants, and the e4 persons under the above contract jointly and severally guaranteed the liability for reimbursement against D’s Seoul Guarantee Insurance.

D on December 14, 2009, the advertising contract was terminated in violation of the above advertising agency contract, and Seoul Guarantee Insurance paid KRW 187,786,90,00 to the Plaintiff, a joint guarantor, who is one of the joint and several guarantors, demanded the payment of reimbursement equivalent to the above guaranteed insurance money. Accordingly, on April 25, 2012, the liability of the joint and several guarantors, including D and the Defendants, was extinguished by paying the above indemnity money to Seoul Guarantee Insurance.

Therefore, the Defendants are obligated to pay to the Plaintiff the amount of KRW 46,946,725 (=187,786,900 ± 4) equivalent to the respective shares (1/4) out of the amount of indemnity and damages for delay.

2. Judgment by public notice against Defendant B: Article 208(3)3 of the Civil Procedure Act; Decision on deeming confession against Defendant C: Articles 208(3)2 and 150(3) of the Civil Procedure Act.

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