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(영문) 부산지방법원 2016.09.07 2016가합44380
구상금등 청구의 소
Text

1. Defendant A, B, C, D, E, and F are jointly and severally liable to the Plaintiff for KRW 2,300,000,000.

Reasons

1. Indication of claim;

A. 1) Defendant A Co., Ltd. (hereinafter “Defendant A”)

) The Scco Co., Ltd. (hereinafter referred to as “Scco”).

() On July 29, 2015, in order to secure the payment of goods under a product supply contract with the Plaintiff, a performance guarantee insurance contract (hereinafter “instant insurance contract”) that is the insured sccoin between July 23, 2015 and July 22, 2016, for the purpose of securing the payment of goods.

(2) According to the instant insurance contract, Defendant A’s failure to perform his/her obligation or obligation to Spanco, thereby making the Plaintiff subrogated pursuant to the instant insurance contract, the Plaintiff’s interest in delay (6% per annum from the date following the date of subrogation, 9% per annum from the date following the date of subrogation, 9% per annum from the 30th to the 90th day after the date of subrogation, and 15% per annum from the date after the 90th day after the 90th day. In the event of the occurrence of the insured event following the delay of obligation to Spanco, even without prior notice or peremptory notice from the Plaintiff, the Plaintiff would bear the obligation to compensate for the amount guaranteed by the Plaintiff.

3) Defendant B Co., Ltd. (hereinafter “B”) including Defendant F, the representative director of Defendant A.

(D), C, D Co., Ltd. (hereinafter referred to as “D”), E (hereinafter referred to as “E”)

(B) Under the instant insurance contract, Defendant A jointly and severally guaranteed the obligation of indemnity against the Plaintiff. (B) The occurrence of an insurance accident and the obligation of indemnity against Defendant A (i) Defendant A did not pay the amount of goods to Spanco after June 2015, around March 14, 2016. At the time, Defendant A’s goods payment obligation against Spanco was KRW 7,898,222,875.

The insurance accident of this case is referred to as the "insurance accident of this case".

Accordingly, on March 28, 2016, Spanco claimed payment of KRW 2,300,000,000 under the instant insurance contract to the Plaintiff. The Plaintiff filed a claim against Defendant A, F, B, C, D, and E.

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