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(영문) 서울중앙지방법원 2020.08.26 2020가합513274
구상금
Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable for 384,507,908 won and 338,869,028 won among them.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a guarantee insurance limit transaction agreement with D (hereinafter “D”) as described in Table 1, and when the Plaintiff’s debt or obligation guaranteed by D was not fulfilled as D and the Plaintiff paid the insurance proceeds to the insured, D and D shall immediately pay the insurance proceeds, but if delayed, D and D shall pay the insurance proceeds by adding damages for delay (6% per annum from the day after the date of payment of the insurance proceeds until the 30th day after the date of payment of the insurance proceeds, and 9% per annum from the next day) to the date of full payment (Article 4 of the Agreement), Defendant B and D’s shareholder, the representative director of D, jointly and severally guaranteed the Plaintiff’s liability for indemnity for the above payment insurance proceeds.

D. From August 19, 2016 to August 18, 2017, the insurance period of 1D 1.5 billion won on August 19, 2016 to August 18, 2017; or on December 2D 21, 2017, KRW 1.2 billion on June 12, 2017 to June 12, 2017; the insurance period of 1D 1.5 billion on June 11, 2016 to December 31, 2018; and

(1) The Plaintiff and D’s insurance contract (1) between the Plaintiff and D are as follows: D. (1) contracts for the supply of landscaping trees during the FF-based road construction work between E and E; (2) contracts for the landscaping planting maintenance and management works between G and G-based 9 sections for H-based apartment construction; (3) contracts for landscaping construction works between K and K-based LLC; (4) contracts for landscaping planting construction works between K and M-based 8 sections for Daegu New Apartment construction works between K-based 8 sections; (5) contracts for landscaping repair works between K-based 1 and K-based 8 sections; (7) contracts for landscaping construction works between K-based and K-based 1 and K-based 1; and (8) landscaping planting contracts between M-based LLC

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