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(영문) 서울중앙지방법원 2014.06.25 2013가합537869
구상금
Text

1. The Plaintiff:

A. As to the Defendant A, B, and C’s joint and several costs of KRW 83,071,910 and KRW 80,000,000 among them, respectively.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a guarantee insurance contract with the Plaintiff (hereinafter “Defendant A”) around December 201, 201.

B) As to the contract with Defendant B and C, the term “limit Trading Amounting to KRW 300,00,000, the performance of insurance types (sale of goods), and the period from December 15, 2011 to December 14, 2012, the insurance period of each guarantee insurance contract by case is from January 1, 2011 to December 31, 2017,” and the Defendant B and C jointly and severally guaranteed the indemnity obligation owed by Defendant A to the Plaintiff according to the said limit trading contract. After that, the Defendant C and C jointly guaranteed the indemnity obligation owed by Defendant C Co., Ltd. (hereinafter “Defendant C”)

(2) On May 18, 2012, in order to guarantee the payment of the price for goods to be supplied by Defendant CC pursuant to the above product transaction contract, the Plaintiff and the Plaintiff agreed to enter into a guarantee insurance contract for performance (sale proceeds) with the term “Defendant CCC, the insurance amount of KRW 100,000,000, and the insurance period from May 21, 2012 to May 20, 2013,” and the obligation the due date of which arrives within 90 days from the date following the expiration of the insurance period is also included in the subject of the guarantee (hereinafter in this case, the above limit trading contract and the above guarantee insurance contract collectively referred to as “first guarantee contract”).

(2) On November 20, 2012, Defendant A entered into a guarantee insurance contract with Hanjin Co., Ltd. (hereinafter “ Hanjin”), and Hanjin Co., Ltd. with the content that Defendant A shall pay the fare when transporting Defendant A’s cargo. Defendant A entered into a guarantee insurance contract with the Plaintiff for the guarantee of the payment of freight liability to Han Jin-jin on the same day (hereinafter “second guarantee contract”). On the same day, Defendant B entered into a guarantee insurance contract with the Plaintiff for the performance (payment) with the term “ Hanjin-jin, the purchase amount of insurance amount of KRW 50,00,000, and the insurance period from November 20, 2012 to November 19, 2013” (hereinafter “second guarantee contract”).

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