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(영문) 서울중앙지방법원 2016.05.13 2016가합511080
구상금
Text

1. The Plaintiff:

A. The Defendants are jointly and severally and severally liable for 420,245,358 won and its related amount from December 5, 2015 to March 18, 2016.

Reasons

1. Indication of claim;

A. Claim for reimbursement against the Defendants 1) Defendant B Co., Ltd. (hereinafter “Defendant Company”)

on November 18, 2010, Gangnamland Co., Ltd. (hereinafter referred to as the “Gangland”).

(E) The Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) provides a performance guarantee insurance policy for a contract bond and advance payment deposit when entering into an “E contract” with the said company.

2) The Plaintiff and Defendant C jointly and severally guaranteed the Defendant Company’s obligations under each of the above guaranty insurance agreements stated in the separate sheet with the Defendant Company. (2) The Gangwon Islands paid the Defendant Company the advance payment of KRW 380 million and the first progress payment of KRW 154 million in accordance with the above service agreement.

3) On June 21, 2012, Defendant C and D agreed to the Plaintiff that “I will not incur any monetary damage to any third party, and will be responsible in full.” 4) The Gangnamland brought a lawsuit against the Seoul Central District Court 2012Gahap3529 against the Seoul Central District Court on the ground that the Defendant Company violated the above service contract. On November 6, 2015, the appellate court rendered a favorable judgment against the Seoul High Court on the ground that “Seoul Guarantee Fund was paid for KRW 383,292,00 and damages for delay to KRW 77,00,000 among them,” which became final and conclusive as it is.

5) From November 26, 2015 to December 4, 2015, the Plaintiff subrogated for KRW 420,245,358 in Seoul Guarantee Insurance. Accordingly, the Defendants are jointly and severally liable to pay the Plaintiff the said KRW 420,245,358 and the damages for delay.

B. On April 17, 2013, the Plaintiff loaned KRW 44 million to Defendant D.

Therefore, Defendant D is obligated to pay the Plaintiff the above KRW 44 million and the damages for delay.

2. Judgment based on the deemed confession based on recognition (Article 208 (3) 2 of the Civil Procedure Act).

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