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(영문) 부산지방법원 2016.11.11 2015가단78730
구상금 등
Text

1. As to KRW 279,521,221 and KRW 170,018,723 of the Plaintiff jointly and severally, Defendant A Co., Ltd and B shall be jointly and severally liable to the Plaintiff on November 14, 2015.

Reasons

1. The following facts do not conflict between the parties or may be acknowledged by taking into account the following facts: Gap evidence Nos. 1 to 13, Eul evidence Nos. 2 and 8 (including a serial number); the inquiry results of this court's fact to the Minister of Court Administration; the response results of each order to submit financial transaction information to the Ulsan Saemaul Depository and Ulsan Credit Guarantee Foundation; and the response results of this court's response to each order to submit financial transaction information to the Ulsan Saemaul Depository and Ulsan Credit Guarantee Foundation; and the purport of all pleadings as a result of market

The Plaintiff’s claim for reimbursement against Defendant A and B 1) The Plaintiff is the Defendant A and the Plaintiff is only the Defendant A and the Defendant Company (hereinafter “Defendant Company”).

B) As to the Defendant Company, each performance guarantee insurance contract entered in the attached Table 2 stating the same details as guaranteeing the performance in the event the Defendant Company fails to perform its obligation under each main contract stated in the attached Table 1, and Defendant B jointly and severally guaranteed all the obligation to the Plaintiff by the Defendant Company under each performance guarantee insurance contract mentioned above. (2) However, according to the fact that the Defendant Company failed to perform its obligation under each of the above main contracts, the Plaintiff paid the insurance money of KRW 310,13,671 in total to each of the relevant insured in accordance with each of the above performance guarantee insurance contracts, and recovered KRW 30,612,450 out of each of the payment insurance money described in the attached Table 1, 2.

3) Meanwhile, according to each performance guarantee insurance contract as above, the interest rate of delay damages on the payment insurance money shall be 6% per annum from the date following the payment date to 30% per annum, 9% per annum from 31 to 90 days, and 15% per annum from 91 to the date of full payment. (B) Defendant B’s disposal act 1) was owned by each real estate listed in the separate sheet at the time of entering into each of the following contracts (hereinafter “the instant real estate Nos. 1 through 5”) and there was no other active property.

2. However, Defendant B is a party.

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