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(영문) 수원지방법원 2016.01.28 2015가단22416
구상금
Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. Defendant A Co., Ltd.: KRW 155,877,409 and one of them is 155.

Reasons

1. Facts of recognition;

A. Defendant A Co., Ltd. (hereinafter “Defendant Company”) entered into a guarantee insurance contract for authorization and permission (hereinafter “instant guarantee insurance contract”) with an insurance coverage amounting to 121,503,000 won on May 25, 2009, and the insurance period from May 25, 2009 to January 14, 2012 in order to guarantee deposit for restoration expenses due to conversion of mountainous districts, when permission for conversion of forest land C and D (hereinafter “the instant forest”).

B. According to the instant guarantee insurance contract, if the Defendant Company fails to comply with the order to restore the forest of this case to its original state due to the expiration or extension of the period of permission for conversion of the forest of this case, the Plaintiff may claim insurance money against the Plaintiff. In the event that the Plaintiff pays insurance money within the scope of the insurance coverage amount, the Defendant Company shall immediately compensate the insurance money paid by the Plaintiff, but if such payment is delayed, the Defendant Company shall pay the delayed interest rate within the maximum of the interest rate prescribed by the Plaintiff out of the general loan interest rate in commercial banks from the day after the date of payment of the insurance money to the day of full payment. The Defendant B jointly and severally guaranteed the Defendant Company’s obligation to reimburse the amount of the reimbursement

C. The Defendant Company submitted a guaranty insurance policy under the instant guarantee insurance contract and converted the forest of this case upon obtaining permission for conversion of the forest of this case from Ansan City. D.

After that, according to the extension of the period of permission for conversion of a mountainous district by Defendant Company, the instant guarantee insurance contract increased to KRW 132,975,000 on May 27, 201, and the insurance period was extended from May 25, 2009 to August 31, 2013.

E. On the other hand, the defendant company.

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