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(영문) 서울중앙지방법원 2017.02.08 2016가단5125852

보험금

Text

1. The Defendant’s KRW 21,208,50 for the Plaintiff and KRW 6% per annum from June 19, 2014 to February 8, 2017.

Reasons

1. Facts of recognition;

A. On June 27, 2013, A entered into a supply contract and guarantee insurance contract with the Plaintiff to supply “C”, “D”, and “E” to the Plaintiff (including value-added tax) price of KRW 429,00,000 (hereinafter “instant construction contract”).

(2) On July 4, 2013, A entered into an insurance policy amounting to KRW 42,90,00, KRW 42,000, KRW 32,00 under a supply contract; the term “contract bond under a supply contract”; and the term “contract deposit” from June 27, 2013 to June 10, 2014 (hereinafter “instant performance guarantee contract”); and ② the performance guarantee contract for the payment guarantee of advance payment under the instant contract (hereinafter “Advance payment guarantee contract”); and (2) the performance guarantee contract for the payment guarantee of advance amounting to KRW 85,80,00,00 (hereinafter “Advance payment guarantee contract”); each insurance policy was issued to the Defendant in accordance with each of the above contracts.

(3) On July 8, 2013, the Plaintiff paid KRW 85,800,000, which is 20% of the total construction cost, to A in advance pursuant to Article 6 of the instant construction contract. The Plaintiff paid KRW 88,000,000 in total from August 30, 2013 to October 8, 2013, and paid KRW 16,710,000 in total to other F, etc. on behalf of the Plaintiff. (b) On April 8, 2014, the Plaintiff paid KRW 16,710,000 in total for labor cost. (c) On April 8, 2014, the Plaintiff was notified that the instant construction contract was terminated on the ground that the Plaintiff did not comply with the instant construction contract more than twice after the construction of the goods.

2) On May 9, 2014, A and the Plaintiff KRW 192,710,00 in total, including the amount already paid by the Plaintiff, as KRW 148,516,500 under the instant construction contract and the total of KRW 192,710,00 in total (i.e., advance payment of KRW 85,800,000 for progress payment of KRW 88,000 for one time,00 in total, 16.