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(영문) 서울중앙지방법원 2015.09.22 2014가합589942
구상금 등
Text

1. Defendant A, B, and C jointly and severally with the Plaintiff as to KRW 239,760,470 and KRW 236,610,00 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff, including the status of the parties, is a company that aims at the business under the Insurance Business Act, such as guarantee insurance, and Defendant A Co., Ltd. (hereinafter “Defendant Company”) is a company that aims at civil engineering and construction works.

Defendant C is the representative director of the Defendant Company, and Defendant B is the representative director of the Defendant Company.

B. 1) The Defendant Company entered into a performance guarantee insurance contract on April 3, 2013 (hereinafter “Shee Construction”) with the Plaintiff and the Defendant Company and Shee Construction Co., Ltd. (hereinafter “Shee Construction”).

(3) Of the contract for the private officetel construction project, the insured shall be Shee Construction; the purchase amount of insurance shall be KRW 236,610,000 in order to guarantee the performance of the contract for electricity, fire-fighting, and communications construction; and the execution guarantee insurance contract for the insurance period from March 29, 2013 to October 31, 2014 (securities number E; hereinafter “the instant guarantee insurance contract”).

The Defendant Company received an insurance policy from the Plaintiff and delivered it to Shee Construction. (2) Defendant B and C jointly and severally guaranteed the obligation under the instant guarantee insurance contract of the Defendant Company.

3) When the Plaintiff paid the insurance proceeds to the insured, the Defendant Company and the joint guarantor shall pay the Plaintiff the amount of the insurance proceeds paid by the Plaintiff and the amount of damages for delay calculated by calculating the number of delayed days per day from the day following the date of payment of the insurance proceeds to the day of full payment of the insurance proceeds to the day of full payment (6% per annum from the day following the payment date until the 30th day after the payment date, and the damages for delay and expenses calculated by multiplying the Plaintiff by 9% per annum from the next day to the 90th day after

C. On June 23, 2014, the Plaintiff filed a claim against the Plaintiff for the payment of insurance proceeds on the ground that the insured event stipulated in the instant guarantee insurance contract occurred. On September 16, 2014, the Plaintiff paid KRW 236,610,00 to the insured Scar Construction.

Attached Form

(b) entry;

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