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(영문) 대전지방법원 2013.10.10 2012가단205419
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 216,58,800 won and the Defendants Company A, C, and D from July 13, 2011.

Reasons

1. The following facts may be admitted if there is no dispute between the parties, or if the purport of the entire pleadings is added to each entry in Gap evidence Nos. 1 through 8 (including each number in the case where there are serial numbers):

(1) The Plaintiff is a guarantee insurer who is engaged in non-life insurance business and credit information business and any business incidental thereto.

B. On June 2010, Defendant A Co., Ltd. (hereinafter “Defendant A Co., Ltd”) filed an application with the Plaintiff for a guarantee insurance transaction with the following content, and the Plaintiff entered into a guarantee transaction agreement with the Plaintiff (the agreement to the effect that, whenever necessary, a policyholder enters into an insurance contract within the limit of the purchase amount of the insurance and the comprehensive guarantee within the limit of the purchase amount of the joint and several surety.).

Insurance types: Limit transaction amount: 2 billion won: From Jun. 28, 2010 to Jun. 27, 2011, the unit insurance period: From Jan. 1, 2009 to Dec. 31, 2017, Defendant B, Defendant C, and D, etc., jointly and severally guaranteed all the obligations, such as indemnity amount to be borne by the Defendant Company to the Plaintiff on the part of the Plaintiff at the time of concluding the limit guarantee transaction agreement between the Plaintiff and the Defendant.

B. (i) After the conclusion of an individual guarantee insurance contract, the Defendant Company entered into a contract for F new construction works with E University (hereinafter “E”) (hereinafter “instant contract”) with the Republic of Korea (competent Regional Procurement Office”), and submitted to the Republic of Korea a guarantee guarantee that the Plaintiff entered into a performance guarantee insurance contract with the Plaintiff for the guarantee of payment regarding the said contract performance as follows, in accordance with the said limit transaction agreement:

Insured: the insured amount insured by the Government of the Republic of Korea of Daejeon Regional Procurement Service: the insurance period of KRW 216,58,800: from February 22, 2010 to August 24, 2010: Provided, That two times thereafter.

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