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(영문) 서울중앙지방법원 2016.04.28 2015가단5121945
구상금
Text

1. Of the instant cases, the litigation between the Plaintiff and the Defendant Mine Development Co., Ltd. shall be determined in lieu of conciliation.

Reasons

1. According to the litigation records between the Plaintiff and Defendant Mine Development Co., Ltd., the original copy of the decision in lieu of conciliation as of October 13, 2015 pertaining to the instant case was served on October 21, 2015 to Defendant Mine Development Co., Ltd., and on October 22, 2015 to the Plaintiff, respectively, and on October 22, 2015 to the Plaintiff. The Plaintiff and Defendant Mine Development Co., Ltd were served with the said decision and did not raise an objection to the said decision during the period of two weeks of objection (only the Plaintiff raised an objection as to the part against Defendant A and Defendant C among the decision in lieu of conciliation as of November 5, 2015). Accordingly, it is recognized that the said decision became final and conclusive on November 6, 2015.

Therefore, among the instant cases, the lawsuit between the Plaintiff and the Defendant Mine Development Co., Ltd. is finalized on November 6, 2015 as the decision in lieu of conciliation became final and conclusive, and thus the declaration of termination of the lawsuit is made.

2. Lawsuits between the Plaintiff, Defendant A, and Defendant C

(a) The facts subsequent to the facts do not conflict between the above parties, or may be found in full view of the entries in Gap evidence 1 and 2 (including paper numbers) and all the arguments.

1) On July 17, 2013, the Plaintiff concluded a guarantee insurance contract with Defendant A to July 30, 2015, with the insurance coverage period from July 15, 2013 to July 30, 2015, with the insurance coverage amounting to KRW 54,340,00, and with the insured Ss Development Co., Ltd., which guarantees the payment of the security deposit for the construction contract for the construction contract to Defendant A’s Ss Development Co., Ltd., and entered into the said guarantee insurance contract (contract). On October 30, 2014, the Plaintiff extended the insurance coverage period to October 30, 2015, and entered into an amendment contract with the content that increases the insurance coverage amount to KRW 65,730,500 (hereinafter referred to as “instant guarantee insurance contract”).

2) In the event that the Plaintiff and Defendant A entered into the instant guarantee insurance contract and the Plaintiff paid the insurance proceeds, Defendant A agreed to pay the insurance proceeds and damages for delay at the rate determined by the Plaintiff from the day following the date of the payment of the insurance proceeds to the day of full payment.

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