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(영문) 서울중앙지방법원 2019.04.12 2018가단57798
구상금 청구의 소
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 740,634,520 as well as KRW 737,00,000 among them, from September 28, 2018 to January 2019.

Reasons

1. Determination as to the claim against Defendant C Co., Ltd. and D

(a)as shown in the reasons for the attachment of the claim;

(b) Article 208 (3) 3 of the Civil Procedure Act of the applicable provisions of Acts;

2. Determination as to the claim against Defendant E

A. 1) In fact, Defendant C Co., Ltd. (hereinafter “Defendant C”) entered into a construction contract of reinforced concrete (hereinafter “instant construction contract”) with F Co., Ltd. (hereinafter “F”) and Silung-si, G second new construction (hereinafter “F”), and concluded two performance guarantee insurance contracts (contract) with the Plaintiff (hereinafter “instant guarantee insurance contracts”) to provide the said contract deposit to F.

Defendant D and E jointly and severally guaranteed Defendant C’s obligation to the Plaintiff.

From July 16, 2015 to September 15, 2016, Defendant C renounced the instant construction contract. On July 24, 2018, the Plaintiff filed a claim for the payment of the insurance proceeds under the instant guarantee insurance contract. On August 28, 2018, the Plaintiff paid KRW 737,00,000 (=368,50,000,000,000), which is the aggregate amount of the insurance coverage amount of the instant guarantee insurance contract, to F on August 28, 2018 (i.e., KRW 368,50,000,000). If an insured event under the instant guarantee insurance contract occurs, Defendant C and the Plaintiff were to pay the insurance proceeds under the instant guarantee insurance contract, the Plaintiff agreed to immediately reimburse the policyholder and the Plaintiff, and the Plaintiff to delay the payment of the insurance proceeds by adding the damages for delay to the insurance proceeds under the joint and several liability insurance contract.

The interest rate applicable to the interest rate applicable to the guaranteed insurance contract of this case shall be 6% per annum from the day following the payment date of insurance money to the day of 30 days, and shall be fully paid from

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