구상금
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 83,354,060 and the interest rate thereon from November 12, 2014 to the date of full payment.
1. Facts of recognition;
A. On November 14, 201, Defendant A entered into a contract with Malivina Co., Ltd. (hereinafter “Malivina”) on the supply of surplus heat teams at KRW 1,630,00,000 (excluding value-added tax) and the construction period from November 14, 201 to March 31, 2012 from the date of commencement to the date of completion of the final authorization and permission (hereinafter “instant construction contract”) with each of the following main contents.
A. L. L. L.I.
B. On April 4, 2012, pursuant to Article 14(1) and (2) of the instant construction contract, Defendant A entered into a payment guarantee contract for defect repair money (hereinafter “instant insurance contract”) with the Plaintiff as the insured under the joint and several surety by Defendant B, with the insurance coverage amount of KRW 179,30,000, and with the insurance coverage amount of KRW 179,300,000, from April 1, 2012 to March 31, 2015.
The payment guarantee contract for the defect repair of construction works is a contract that provides the insured with the payment of the defect repair insurance money if the policyholder fails to perform his/her obligation to repair even though the defect occurred in the construction works executed by him/her, and claims the insurance money and damages for delay to the policyholder and the joint guarantor of the policyholder.
C. Under the construction contract, etc. of this case, the parts that Defendant A constructed by the instant construction contract, etc. (i) damages 5 parts of the pipes around the spooby spoops, (ii) damages the external clothes of the SS Esp(SS) pipes due to arbitr damage, and (iii) damages to the clothes treatment on the adjacent parts of the spood water collection pipe (GI).
The U.N.C. demanded the Defendant A to compensate for the above damage and defectiveness, but the Defendant A did not compensate for the damage and defectiveness of four out of five places (which guarantees the repair of defects in the insurance contract of this case in relation to the instant construction contract).
Accordingly, Malivina on July 3, 2014.