beta
(영문) 서울중앙지방법원 2019.08.20 2018가단5212156

구상금

Text

1. As to KRW 62,200,690 and KRW 61,895,453 among them, the Defendant shall pay to the Plaintiff the year from September 17, 2018 to November 5, 2018.

Reasons

1. Facts of recognition;

A. 1) The Defendant is the Intervenor joining the Plaintiff on September 12, 2017 (hereinafter “ Intervenor”).

As between September 18, 2017 and March 16, 2018, the term of contract is determined as KRW 89,00,000, and the contract amount is determined as KRW 89,000 and the development service contract for the construction of the site in the area of information provision (hereinafter “instant service contract”).

2) The Intervenor paid KRW 26,69,999 on September 29, 2017 to the Defendant as advance payment under the instant service agreement, and KRW 26,70,000 on January 30, 2018.

B. In order to guarantee the performance of the instant service contract and the performance of advance payment, the Defendant concluded three guarantee insurance contracts with the Plaintiff (hereinafter “each of the instant guarantee insurance contracts”) with the following content:

An intervenor 13,350,000 whose coverage period is the content of the insured’s guarantee for performance of contract from September 18, 2017 to September 18, 2018 as an intervenor 26,700,000 performance guarantee for advance payment from September 21, 2017 to September 18, 2018, the Intervenor 26,700,000 performance guarantee for advance payment from September 21, 2017 to September 18, 2018.

On January 15, 2018, the Defendant requested the Intervenor to extend the contract period, and the Defendant and the Intervenor agreed to extend the contract period by April 30, 2018.

On April 11, 2018, the Defendant requested an intervenor to extend the term of the contract again on the grounds of delay in the service, and the Defendant and the intervenor agreed to extend the term of the instant service contract by May 21, 2018.

E. Since May 21, 2018, the Defendant, on the ground that it is difficult for the Defendant to complete the performance of the contract by May 21, 2018, prepared and rendered a letter of waiver of performance as follows to the intervenors:

As it is impossible to implement until May 21, 2018, the defendant shall compensate the intervenors on the basis of their liability for delayed compensation from May 22, 2018.

By May 22, 2018 and July 20, 2018, the Defendant promised to accept the Project’s responsibilities and completed the project’s implementation and test, and the completion of the examination by the Intervenor during the implementation of the project.