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(영문) 서울중앙지방법원 2018.10.23 2018가합1624
구상금
Text

1. As to KRW 808,312,209 and KRW 792,675,864 among the Plaintiff, the Defendant shall start from November 25, 2016 to July 19, 2017.

Reasons

1. The Plaintiff entered into a contract for performance guarantee (contract) insurance between the policyholder B, securities number C, the insured Dollle LPS Corporation, the insurance amount of 1,084,60,000, and the insurance period from July 25, 2013 to May 31, 2014, and the Defendant guaranteed the Defendant’s obligation under the above guarantee insurance contract. On August 26, 2016, the Plaintiff paid insurance amount of KRW 792,675,864 to the Plaintiff (the service date of the original copy of the instant payment order: July 19, 2017).

2. Articles 208(3)2 and 150(3) of the Civil Procedure Act of the applicable provisions of the Acts (i.e., a judgment of confession, the Defendant, without stating at all the substantive grounds disputing the Plaintiff’s claim even though the application for the payment order and the application for change of the cause of the claim were served, a written objection against the payment order was submitted, and the Plaintiff did not appear on the date of pleading, and thus, the Plaintiff’s assertion is deemed to have been led to a confession in all

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