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(영문) 서울중앙지방법원 2020.01.17 2019가단5019644
구상금 등 청구의 소
Text

1. Defendant B, C, and D are jointly and severally and severally liable to the Plaintiff for KRW 200,000,000 and the same from January 12, 2019 to February 12, 2019.

Reasons

1. Claim against Defendant B, C, and D

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment by service of publication (Article 208, Paragraph 3, Item 3 of the Civil Procedure Act against the defendant company and C);

C. Judgment to recommend confession (Article 208(3)2 and Article 150(3) of the Civil Procedure Act against Defendant D)

D. The amendment of the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Partial Dismissal of Lawsuits, thereby applying damages for delay at the rate of 12% per annum from June 1, 2019, thereby dismissing the exceeding part. 2. Claim against Defendant E and F

A. (1) The Plaintiff’s assertion (1) constitutes a fraudulent act and thus the sales contract of this case must be revoked. Meanwhile, as the registration of the existing right to collateral security was revoked thereafter, the Plaintiff’s claim for compensation equivalent to the value of the balance obtained by deducting the amount of the existing right to collateral security from the value of the instant real estate within the scope of the amount of the claim for reimbursement as seen below with Defendant D.

(2) At the time of the instant sales contract, Defendant E and F did not have any claim for reimbursement, and Defendant E and F are bona fide beneficiaries with respect to the instant sales contract.

B. (1) On January 17, 2018, the Plaintiff entered into a guarantee insurance contract (payment) with the policyholder company, the insured company, the non-party company, the insurance amount of KRW 200,000,000, and the insurance period of January 18, 2018 or January 17, 2020 with respect to the obligation to be borne by the Defendant company and the Defendant company to be supplied with a heat from the non-party company under the joint and several guarantee by Defendant C and D on January 17, 2018. On January 18, 2018, the Plaintiff issued the guarantee insurance policy (payment) with respect to the non-party company, the policyholder company, the non-party company, the insurance amount of KRW 200,000,000, the insurance amount of the insurance amount of KRW 200,000,000, the insurance period of the insurance amount of January 18, 2018.

(B) Around July 2018, the Defendant Company caused an insured incident due to nonperformance of obligation due to the payment of heat usage fees, which was based on January 11, 2019.

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