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(영문) 부산지방법원 2017.08.30 2015가합41001
구상금등 청구의 소
Text

1. Plaintiff Seoul Guarantee Insurance Co., Ltd.:

A. Defendant C and D are jointly and severally liable for KRW 100,000,000 and the Defendant.

Reasons

1. Basic facts

A. On March 23, 2012, A, who had engaged in mobile phone wholesale and retail business with the trade name of “G,” entered into a consignment agency contract with Defendant E, C and H (hereinafter “K”) under the joint and several guarantee of Defendant E, C and H. (hereinafter “instant agency contract”).

B. Meanwhile, on March 27, 2012, A entered into a guarantee insurance contract under the instant agency contract with the Plaintiff Seoul Guarantee Insurance Co., Ltd. (hereinafter “Plaintiff”) to guarantee the obligation to pay the price of goods to the case, etc., and submitted a guarantee insurance policy under the instant agency contract (hereinafter “instant insurance contract”) for the performance (payment) with the insured amount of KRW 150 million, the insurance amount of KRW 150 million, and the insurance period from April 1, 2012 to March 31, 2014.

C. Under the instant insurance contract, where A did not perform its obligation to the case and the Plaintiff paid the insurance money, A decided to immediately compensate the Plaintiff for the insurance money subrogated by the Plaintiff. Defendant C and D jointly and severally guaranteed the Plaintiff’s obligation to reimburse the reimbursement amount within the limit of KRW 100 million.

The Plaintiff, from April 30, 2013, paid KRW 118,486,345 as insurance money under the instant insurance contract, on September 26, 2014, the Plaintiff failed to pay the price for a device under the instant agency contract to K from April 30, 2013.

E. Meanwhile, on February 22, 2013, as to the real estate listed in the separate sheet (hereinafter “instant apartment”) in the Busan District Court’s Dong Branch Branch of the District Court on February 22, 2013, as the receipt No. 8203 on February 22, 2013.

1. The registration of ownership transfer was completed on the ground of sale by 22.2. (hereinafter “instant sales contract”).

F. On August 23, 2016, A declared bankrupt under the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) by Busan District Court 2016Hadan70181.

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