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(영문) 대전지방법원 2016.11.11 2016가단4935
구상금
Text

1. The Plaintiff:

A. Defendant A corporation, Defendant 2 B corporation, Defendant C, Defendant 4 D corporation, and Defendant E.

Reasons

1. Part of the claim against Defendant A, Defendant 2 B, and Defendant 4 D Co., Ltd.

(a)as shown in the grounds for the change in the attachment of the claim;

(b) Applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act.

2. Determination as to claims against Defendant C, E, and F

A. Determination 1 on the cause of the claim) The fact of recognition ① Defendant A Co., Ltd. is the non-party Taeyang Life Insurance Co., Ltd. (hereinafter “non-party company”).

B) Between the Plaintiff and the Plaintiff, the Plaintiff entered into a performance guarantee insurance contract between the Plaintiff and the Plaintiff on November 13, 1996 in order to secure the obligation to refund the rental deposit for the non-party company under the above contract with a deposit amount of KRW 270,000,000 for the H building owned by the said Defendant company, and concluded the performance guarantee insurance contract between November 13, 1996 and November 12, 1997 by stipulating the insurance amount of KRW 271,00,000,000 as the insured, and the insurance amount of KRW 271,00,000,000 as the repayment guarantee for the return of the deposit for the H building (hereinafter “instant guarantee insurance contract”).

The joint and several liability of Nonparty I, J, G, K, Defendant 2 B, Defendant C, Defendant D and Defendant E with respect to the claim amount against the Plaintiff of Defendant A.

② According to the instant guarantee insurance contract, if the Plaintiff fails to perform the obligation to refund the above rental deposit even though the lease contract concluded with the non-party company was terminated, the Plaintiff shall pay the non-party company damages by subrogation within the insurance coverage amount. The Plaintiff shall pay the insurance money subrogated to the Defendant A Co., Ltd. and each joint guarantor, and the interest rate of 14% per annum for the period exceeding 30 days from the following day after the payment date, and damages for delay calculated by adding the interest rate set by the Plaintiff within the maximum of the interest rate per annum among the general interest rate per commercial bank for the period exceeding 30 days

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