logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2014.11.19 2012가합36986
구상금
Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall pay 222,471,420 won and the interest thereon from July 17, 2014 to the date of complete payment.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) entered into an advertising agency contract in subway station with the Daejeon Metropolitan City Urban Railroad Corporation, and entered into each guarantee insurance contract (hereinafter “each guarantee insurance contract in this case”) with Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) for the purpose of guaranteeing the payment of the down payment and damages for the said advertising agency contract. At the time, the Plaintiff, Defendant D, F, G, and H5 jointly and severally guaranteed all the obligations owed by the Defendant Company to the Seoul Guarantee Insurance in accordance with each guarantee insurance contract in this case.

The insured coverage period of the coverage period of the insurance amount is KRW 184,80,000,000 performance guarantee for the Urban Railroad Corporation in Daejeon Metropolitan City from August 12, 2005 to May 30, 2012, the performance guarantee for the urban railway corporations in Daejeon Metropolitan City from August 12, 2005 to May 30, 2012 from August 12, 2005 to May 30, 2012.

On May 11, 2010, the Daejeon Metropolitan City Urban Railroad Corporation terminated the above advertising agency contract on the ground that the Defendant Company failed to perform its obligation to pay advertising fees and to install facilities, and on the 12th of the same month, the Seoul Guarantee Insurance Co., Ltd. claimed KRW 277,200,000,000,000,000,000,000 won, which was paid from the Seoul Guarantee Insurance Co., Ltd. on May 26, 2010.

C. From May 19, 2010 to February 29, 2012, the Plaintiff repaid the sum of KRW 222,471,420 to the Seoul Guarantee Insurance.

【Defendant Company, Defendant C: Each entry in the evidence Nos. 1, 2, 3, 5, and 7, and the purport of the whole pleadings, Defendant D: Confession (Article 257(1) of the Civil Procedure Act)

2. Determination as to the cause of claim

A. According to the facts of recognition as to the claim against the Defendant Company, the Plaintiff, a joint guarantor of each of the respective guaranteed insurance contracts of this case, repaid KRW 22,471,420 to the Seoul Guarantee Insurance, the creditor, thereby extinguishing the principal obligation within the scope of the above money.

As such, the defendant company as the principal obligor is the defendant company.

arrow