beta
(영문) 수원지방법원 2018.11.27 2017가단37726

구상금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 202,387,270 and KRW 200,410,620, among themselves, from October 25, 2017 to March 25, 2018.

Reasons

1. Basic facts

A. On October 5, 2015, the Plaintiff’s Intervenor entered into a contract with Defendant D Co., Ltd. (hereinafter “Defendant D”) on the following terms and conditions pertaining to “the instant construction works involving H and four parcels of land” (hereinafter “instant construction works”) (hereinafter “instant contract”).

The name of the construction project: H and four parcels of land: The expected date of completion on October 5, 2015: the contract amount on October 30, 2016: 3.5 billion won (excluding value-added tax): Provided, That in lieu of the payment of the above contract amount, the contractor shall obtain the authority to dispose of by-products, such as soil and sand, aggregate, trees, etc. generated at the construction site, and the costs incurred at the time of structure construction, land suspension work, and by-products disposal shall be covered by the claim for completed payment.

The rate of liquidated damages for delay in the contract deposit of KRW 500 million: 1/1000 per day on the basis of the settlement amount after the completion of the structure works.

B. Under the general terms and conditions of the standard contract for private construction works attached to the instant prime contract, the terms and conditions stipulate the contract bond as follows:

(A) The supplementary intervenor to the plaintiff, and Eul refer to the defendant D).

The main contents of the “special terms of construction contract” attached to the instant state contract are as follows.

I

D. According to the instant prime contract, Defendant D subscribed to a performance guarantee insurance (contract) with the purchase amount of KRW 300 million and the insurance period from October 5, 21015 to October 30, 2016. Accordingly, Defendant D and Defendant D entered into a performance guarantee insurance contract (hereinafter “instant guarantee insurance contract”) with the same content.

Defendant E, Defendant F, and Defendant G Co., Ltd. concluded a contract for the joint and several surety for the entire obligation to be borne by Defendant D to the Plaintiff under the instant guarantee insurance contract.

According to the instant guarantee insurance contract, the case where the Plaintiff is obliged to pay the insurance money to the Plaintiff’s Intervenor is as follows.

E. Meanwhile, the Plaintiff’s Intervenor was Defendant D around July 18, 2016.