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1. Defendant B’s KRW 72,692,280 as well as 5% per annum from June 30, 2018 to March 26, 2019.
Reasons
1. Facts of recognition;
A. D Co., Ltd. (hereinafter “D”) was dissolved on December 11, 2017.
The plaintiff is an auditor of the above company, and the defendant B was employed as an internal director before it is deemed dissolved.
B. Around February 2013, in order to secure business funds, D transferred the ownership of heavy heat treatment books and sandbling book books (hereinafter “instant goods”) held by Defendant B to D, and immediately concluded a siren contract after selling them to Defendant C Co., Ltd. (hereinafter “Defendant C”).
C. Accordingly, around March 7, 2013, D sold the instant article to Defendant C with KRW 14.5 million, and on the same day, Defendant C and Defendant B concluded a siren contract for the instant article (hereinafter “instant siren contract”).
Defendant B demanded the issuance of the surety insurance policy in the process of concluding the instant siren contract, and Defendant C signed a performance guarantee insurance agreement (hereinafter “instant guarantee insurance agreement”) with the FF Co., Ltd. (hereinafter “F”) on March 6, 2013 on the following terms:
- Policyholders: The defendant B, the insured: the plaintiff - the amount of insurance coverage of the plaintiff - the insurance coverage of the plaintiff 9,9750,000 won, and the insurance coverage of the case: the guarantee content from March 11, 2013 to March 10, 2016 - the guarantee content of a siren contract: the guarantee of payment under a siren contract
E. Defendant C terminated the instant siren contract on February 2, 2015, and received KRW 54,37,134 from F upon receiving insurance claim from F.
F. F The Plaintiff exercise the right to indemnity following the payment of insurance proceeds, and the Plaintiff took a legal measure of KRW 72,692,280 on June 29, 2018 = the interest rate of KRW 49,816,01 in the balance of principal = KRW 21,351,679 in the amount of interest.