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(영문) 서울중앙지방법원 2016.12.07 2016가합525324

보험금

Text

1. The Defendant’s KRW 209,128,550 for the Plaintiff and KRW 6% per annum from May 24, 2016 to December 7, 2016.

Reasons

1. Facts of recognition;

A. On February 25, 2015, the Plaintiff and Ansan Landscaping Construction Co., Ltd. (hereinafter referred to as “Damsan Construction”) concluded a subcontract agreement (hereinafter referred to as “the subcontract agreement of this case”) with respect to construction works on the site creation of neighboring green parks (hereinafter referred to as “instant construction works”) among the three stages of landscaping works in the housing site development project for the 3rd Emphan City, Seongbuk-si (hereinafter referred to as “Emphan City”) with respect to the construction works on the Plaintiff and the aforementioned landscaping construction works (hereinafter referred to as “instant construction works”) for the contract amount of KRW 428,967,00 (including value-added tax) and from February 25, 2015 to April 23, 2015.

B. On March 24, 2015, the insurance contract for the payment guarantee of subcontract consideration between the Defendant and the Defendant entered into a contract for the payment guarantee of subcontract consideration with respect to the instant construction with respect to the guarantee creditor, the guarantee creditor, the guaranteed creditor, the guaranteed amount of 278,828,550 won, and the guarantee period from February 25, 2015 to June 22, 2015 (hereinafter “instant guarantee contract”), and the Plaintiff issued a written subcontract consideration guarantee issued by the Defendant.

Terms and Conditions of Guarantee applicable to the instant guarantee agreement (hereinafter Article 1 (Liability for Guarantee) Defendant (hereinafter “Union”)

) The contractor (hereinafter referred to as the “debtor”) is the contractor.

(1) fails to perform the obligation to pay the subcontract consideration in connection with the contract entered on the front (hereinafter referred to as “guaranteed incident”).

2) The other party (hereinafter referred to as the “guaranteed obligee”)

(1) The guarantee obligation under this guarantee shall be guaranteed in accordance with the terms and conditions set out in this guarantee and the terms and conditions. The guarantee deposit to be paid by the partnership under Article III (Scope of Guarantee Liability) shall be the amount which the guarantee creditor has not received out of the construction cost incurred by the actual performance within the scope of the guarantee amount set out in this guarantee, within the period of time for performance of the contract, provided that it shall not be liable for the following obligations: