logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2019.06.20 2017가합100824 (1)
구상금 등
Text

1. The plaintiff's lawsuit against the defendant B is dismissed.

2. Defendant C and D shall jointly and severally serve as the Plaintiff KRW 277,027,128.

Reasons

1. Facts of recognition;

A. The instant insurance contract and the occurrence of the instant insurance event (1) F concluded a performance guarantee insurance contract (hereinafter “instant insurance contract”) with respect to the instant construction project between the Plaintiff and the Plaintiff on November 26, 2014 and June 30, 2017, with respect to the insurance period from November 21, 2014 to June 30, 2017.

Defendant B, C, and D guaranteed obligations under the insurance contract of this case for F on the same day.

(2) During the performance of the construction project, F waived the construction project to the intermediate due to financial difficulties, and submitted to G a written waiver of the construction project on May 2, 2016.

(hereinafter “instant insurance accident”). G claimed insurance proceeds against the Plaintiff on this ground, and the Plaintiff paid KRW 277,027,128 of the insurance proceeds to G in accordance with the instant insurance contract on November 28, 2016.

(3) As to the calculation of damages for delay, the instant insurance contract provides that “the amount of the insurance proceeds paid shall be calculated by multiplying the number of delayed days by the rate of interest applied to damages for delay publicly notified by the company on a daily basis, counting the number of delayed days from the day following the date of payment of insurance proceeds to the date of payment of the insurance proceeds.” The rate of interest applied to damages for delay notified by the Plaintiff is 6% per annum from the day following the date of payment of insurance proceeds to 30% per annum, 9% per annum from 31

B. From May 2013, Defendant D’s establishment of the instant right to collateral security (1) performed the construction work by leasing materials from Defendant E from Defendant E., and due to financial difficulties around April 2016, Defendant E did not pay rents properly.

Accordingly, Defendant D, as a major shareholder, was a F’s inside director and a major shareholder, had extended the F’s payment date of the F’s rental fee and continued to lease the land of this case between Defendant E and the Defendant E on April 20, 2016, with respect to the share of real estate of this case, KRW 260,000,000 (hereinafter “mortgage”).

arrow