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(영문) 서울동부지방법원 2015.08.25 2014가합107626
구상금
Text

1. The Defendant’s KRW 260,689,501 among the Plaintiff and KRW 160,689,501 among the Plaintiff, shall be KRW 100,000 from October 31, 2014, and KRW 100,000.

Reasons

1. Basic facts

A. On April 7, 2009, Nonparty Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd”) concluded a guarantee insurance contract with the Defendant to guarantee the payment of farmland creation cost to the Korea Rural Community Corporation in installments.

B. On February 28, 2011, Seoul Guarantee Insurance concluded a contract to amend the above performance guarantee insurance contract with the Defendant, and at the time, the Plaintiff jointly and severally guaranteed the Defendant’s obligation for the guaranteed insurance.

C. Seoul Guarantee Insurance Co., Ltd. paid KRW 2,269,287,100 insurance money to the Korea Rural Community Corporation on January 31, 2012, when the Defendant did not perform an agreement with the Korea Rural Community Corporation, the insured.

The Seoul Guarantee Insurance Co., Ltd. filed a lawsuit with the Incheon District Court demanding the Plaintiff and the Defendant to jointly pay the above insurance proceeds of KRW 2,269,287,100 and the agreed delay damages of KRW 290,03,540; KRW 5,661,750; KRW 2,564,982,390; and the above KRW 2,269,287,100; and the above KRW 2,269,287,100; and the above judgment was finalized at that time.

E. On April 1, 2014, a new bank, the Plaintiff’s creditor (hereinafter “new bank”) filed an application for an auction of real estate rent under this Court C with respect to Nonparty 2, Songpa-gu, Seoul, 264, 901, the Plaintiff owned, and the said real estate was sold on April 1, 2014. The Seoul Guarantee Insurance received dividends of KRW 160,689,501 as the first creditor on May 6, 2014, by giving a demand for distribution of the said final judgment as an executive title.

The plaintiff bears capital gains tax of KRW 24,630,629 as an auction of the above real estate.

F. On September 12, 2014, the Plaintiff paid an additional amount of KRW 100 million to the Seoul Guarantee Insurance.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 5, 7, 8 (including branch numbers, hereinafter the same), and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff.

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