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(영문) 부산고등법원 2015.09.17 2014나1713
구상금등
Text

1. Of the parts concerning the defendant in the judgment of the court of first instance, each real estate listed in Section 10, 11, 13, 17, 20, and 21 of the attached list.

Reasons

1. Basic facts

A. A entered into a guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”), and entered into a guarantee insurance contract as described below (hereinafter “each guarantee insurance contract of this case”) with respect to the supply contract between Masco Construction and Masco Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”).

Article 1 Agreement 2. The insurance policy holder A’s performance of D insurance products (in advance) under the name of the insured Party A (State) contract for Poco Construction (contract) contract (contract) contract period from April 24, 2012 to August 31, 2012, the insurance amount from April 18, 2012 to August 31, 2012: 9,950,000 won from August 31, 2012; the insurance amount of KRW 93,000,000 under the contract for the supply guarantee of advance payment under the contract for the supply guarantee of insurance amount of KRW 33,00,000; the policy holder A’s performance bond under the contract for the supply guarantee of advance payment under the contract for the contract for the supply guarantee of advance payment of KRW 33,00,000; the insurance contractor A’s performance of external production F/PEM’s performance of insurance contract under the contract for guarantee insurance (contract).

B. Although the occurrence of the insurance accident occurred, A did not perform the obligation under the above supply contract, B/Sco Construction, and B/L A Co., Ltd. claimed insurance proceeds from the Seoul Guarantee Insurance (hereinafter “the instant guarantee insurance accident”) around October 2012. Seoul Guarantee Insurance paid KRW 233,250,000 to Macco Construction Co., Ltd. on November 21, 2012, and KRW 215,60,000 to Macco Construction Co., Ltd. on November 23, 2012, respectively.

C. On August 6, 2012, A entered into a mortgage contract with the Defendant, with regard to each real estate listed in the separate list Nos. 4 through (7), and entered into a mortgage contract with the maximum debt amount of KRW 180,00,000,00 with respect to each real estate listed in the separate list No. 4 through (7), and entered into the mortgage contract with the debtor A and the debtor as the defendant. As to each of the above real estate, the Changwon District Court’s Branch Office of Registry No. 2058, Aug. 6, 2012, and (2) the separate list as of September

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