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(영문) 대전지방법원논산지원 2019.05.09 2017가단22028

보험금

Text

1. The Defendant’s KRW 9,120,00 and the Plaintiff’s annual rate of KRW 5% from September 16, 2017 to May 9, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) concluded a contract under which the Defendant Intervenor Co., Ltd. (hereinafter “Defendant Intervenor”) received equipment necessary for the production of pipes from the Defendant Intervenor Co., Ltd. (hereinafter “Defendant Intervenor”) (hereinafter “Defendant Intervenor”) on December 7, 2015 (hereinafter “instant First Contract”) and entered into a contract on January 18, 2016 (hereinafter “instant Second Contract”).

The former method of payment of KRW 44,00,000 of the total amount of the contract on January 18, 2016 on December 2015, 2015 / [13,200,000 (30%) (no later than December 10, 2015) intermediate payment of KRW 13,20,000 (30%) (no later than December 10, 2015) (30%) (no later than 17,60,000,000 (40%) (no later than January 21, 2016) / [1 month after delivery] the remainder payment of KRW 20,130,000 (30%) (no later than one month after delivery / [30% of the total amount of the contract on January 22, 2016] the period of delivery of the intermediate payment of KRW 13,200,308,306,308,30636.

B. Meanwhile, the Defendant Intervenor concluded a guarantee insurance contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) to guarantee the performance of each equipment supply contract and provided it to the Plaintiff Company.

The former amount of KRW 20,130,000 [20,130,000 [26,840,000] [26,840,000] [26,840,000] of KRW 26,840,00] [the insurance period] [26,840,000] of KRW 26,840,000] [the insurance period] of December 30, 2015] of December 19, 2016, the date of issuance of the Policy of Guarantee Insurance for Performance of (Advance Payment) Guarantee Insurance Policy (Advance Payment) Performance of the Policy of Guarantee Insurance (Advance Payment) for the Deposit Insurance (Advance Payment) Policy) for the Piping Securities (Contract Payment]. < Amended by Act No. 13310, Mar. 16, 2016; Act No. 13506, Mar. 3, 2016; Act No. 14095, Mar. 16, 2016>