beta
(영문) 서울중앙지방법원 2017.06.13 2016가단134318

구상금

Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable for KRW 101,972,602 and KRW 100,000 among them:

(b) the defendant.

Reasons

1. Facts of recognition;

A. 1 Conclusion of a construction contract) Comprehensive Construction Co., Ltd. (hereinafter “Comprehensive Construction Contract”)

Defendant A Co., Ltd (hereinafter “Defendant Company”) was awarded a contract with the Incheon Regional Maritime Port Authority for D Construction, and around May 27, 2013.

(1) Each subcontract (hereinafter referred to as “instant construction contract”) shall be set at KRW 543,00,000 for construction cost (excluding value-added tax), and from May 27, 2013 to November 30, 2013 for the construction period, KRW 10% for contract deposit, and advance payment KRW 100,000 for construction work (excluding value-added tax).

(2) On June 10, 2013, the Construction Company paid KRW 110,00,000 as advance payment of the instant construction contract to the Defendant Company.

B. The Plaintiff entered into a performance guarantee insurance contract with the Defendant Company as to the advance payment and the obligation to return the contract deposit to be borne by the Defendant Company upon receiving the subcontract, and the Defendant B and C concluded a performance guarantee insurance contract with respect to the 1 guarantee insurance contract of this case, and the Defendant B guaranteed the payment of the obligation to be borne by each Defendant Company in the future.

[Case 1 Insurance Contract] Insurance products: Amount of insurance coverage for advance payment guarantee under a construction contract: 10,00,000 won: Insurance period of 110,000,000 won: June 10, 2013; the name of the main construction contract for the insured on November 30, 2013: The name of the main construction contract for the insured: D, etc. comprehensive construction contract for the performance guarantee of insurance products [this case 2 Guarantee Insurance Contract]: the insurance amount of insurance for the contract deposit under the construction contract for the construction project: the insurance amount of 59,730,000 won: the insurance period of 59,730,000 won: May 27, 2013; the name of the main construction contract for the insured on November 30, 2013: D, etc. [the contents of the insurance contract for the instant case 1 and 2 guarantee contracts] Article 3 (Cancellation of Accidents and Guarantee Insurance Contract for the Defendant Company and the contents of the General Insurance Contract for each cancellation or termination.