(영문) 서울중앙지방법원 2015.12.23 2014가단226824

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(영문) 서울중앙지방법원 2015.12.23 2014가단226824

구상금

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1. All of the plaintiff's claims are dismissed.

2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.

Reasons

1. Basic facts (i.e., the Plaintiff entered into a guarantee insurance trading agreement for the period from January 1, 2009 to December 31, 2018, setting the insurance period of the guarantee insurance contract for each case as the insurance period from January 1, 2009 to December 31, 2018, and on the same day, Defendant C, D, and E (hereinafter referred to as “B money Defendants”) guaranteed the obligation owed by the non-party company to the Plaintiff in relation to the said guarantee trading agreement.

Pursuant to the Luxembourg’s Limit Trade Agreement, the non-party company entered into a construction contract (hereinafter “instant construction contract”) with the Plaintiff’s Intervenor and three other parties on August 24, 2011. In order to guarantee the obligation to return the contract deposit, the non-party company: (a) entered into an insurance contract with the Plaintiff (hereinafter “the Intervenor”); (b) and (c) received the insurance money to be paid and damages for delay from the Plaintiff; and (d) on the same day, the non-party jointly guaranteed the remainder of the Defendants on September 7, 201, jointly guaranteed the aforementioned obligation by setting the insurance amount to three persons, other than the Intervenor; (b) the insurance amount to be KRW 597,30,000; (c) the insurance period from August 24, 2011 to December 31, 2014 (hereinafter “instant insurance contract”); and (c) the Defendants jointly guaranteed the obligation.

On December 27, 2013, the intervenor claimed the Plaintiff for the payment of guaranteed insurance money of KRW 398,378,952 on the ground that “loss due to Non-performance of Contract by Foreign Company” was the cause for claiming “loss due to Non-performance of Contract by Foreign Company.” On August 29, 2014, the Plaintiff calculated the amount of damage due to Non-performance of Contract at KRW 178,106,457, and then paid KRW 134,66,487, which deducts KRW 43,40 from the amount of damage due to the defect on the part of the insured.

[Ground of recognition] without any dispute, Gap's 1 through 3 (including virtual numbers), and Eul's 8.

유사 판례

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