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(영문) 부산지방법원 2015.06.12 2014나17180
구상금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. From October 24, 2012 to March 13, 2013, the Plaintiff is a person who served as the representative director of E Co., Ltd. (hereinafter “instant company”) established for the purpose of real estate sale business, lease business, etc.

B. On March 7, 2013, the Plaintiff entered into an agreement with Defendant B on the acquisition of the instant company by the representative director of the instant company and Defendant B, and the content of the acquisition of the instant company. In the column of the transfer of the representative director and the transfer of the business, the Plaintiff stated that “any legal issues related to the transfer of the instant company on March 7, 2013, all matters related to the debt, land, office fixtures, equipment, sirens, and other subsequent problems arise, the transferee (B) is responsible.” The entry confirmation and the joint and several sureties column include the name and private person of Defendant C and Defendant D.

C. Meanwhile, on November 22, 2012, the instant company: (a) the insured; (b) the period from November 26, 2012 to November 25, 2015; and (c) the period from November 26, 2012 to November 25, 2015; and (b) the guarantee insurance contract of which is the guarantee of rent under the rental agreement and the payment of penalty for breach of contract; and (c) the guarantee insurance contract of this case, the amount of which is seven million won as the insurance amount; and (d) the guarantee insurance contract of this case.

B. At the time, the Plaintiff, the representative director of the instant company, was jointly and severally guaranteed the liability for indemnity that the instant company bears to Seoul Guarantee Insurance in accordance with the said guarantee insurance contract.

On December 31, 2013, AJene Ka filed a claim for insurance money under the instant guarantee insurance contract with respect to the vehicle leased by the instant company on the grounds that the rental fee is not paid from May 1, 2013 to October 30, 2013, and Seoul Guarantee Insurance Co., Ltd. notified the Plaintiff of the claim for the said insurance money on January 2, 2014, and then, on January 29, 2014, the insurance money of KRW 7 million with respect to the AJene Ka.

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