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(영문) 부산고등법원 2015.02.05 2013나52851

보험금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. The Plaintiff entered into a production contract between the Plaintiff and Red Profit Co., Ltd. (hereinafter “redi Income”) 1) with Red Profit, and the Plaintiff entered into a production contract between the Plaintiff and Red Profit 3,375,000,000 won for the construction work as of March 4, 201, and the construction period as of March 1, 2012, with a total weight of 620 tons (hereinafter “instant First Construction Contract”).

(2) The construction contract of this case was concluded on July 27, 201; the construction price of KRW 2,950,000,000; the construction period of KRW 620,000; and the ATS60, a total weight of which is 620 tons (hereinafter “instant 2 construction contract”); and the “instant 1 contract” and “each of the instant construction contracts,” in addition to the “instant 1 contract.”

2) At the time of each of the instant construction contracts, the Plaintiff and Red Profit agreed on advance payment as follows.

Article 5 (Payment of Price) (C) Any amount of the Commission's advance payment to be made by the Commission: The remainder of the amount payable within 15 days after the completion of the contract when submitting an advance payment performance guarantee policy for the contract amount (total construction amount): The amount shall be paid for each source according to the manufacturing process of NTIONAL OIW REWAL REW QM and PM.

Article 6 (Execution of Contract) Red Profit shall submit to the Plaintiff a performance guarantee insurance policy equivalent to 10% of the present construction amount, and the guarantee period shall be until the delivery date.

(excluding value-added tax); (b)

The Defendant concluded a guarantee insurance contract between Hongk and Hongk in the instant construction contract between the Plaintiff and the Defendant for the purpose of guaranteeing the return of advance payment in cases where Hongk in the instant construction contract does not perform all or part of the obligation, the Defendant concluded a guarantee insurance contract between the Plaintiff and Hongk in the order of the following (hereinafter “instant Nos. 1 and 2 insurance contract”). In addition, the Defendant concluded a guarantee insurance contract between the Plaintiff and Hongk in the order of the Plaintiff as follows.

A) AB made a contract, and issued and issued an advance payment performance guarantee insurance policy to Hongk. The amount of insurance coverage (the original insurance period guarantee) on March 7, 201, 100-00-200-201-20101, 742,50,000,000 to March 7, 2011. < Amended by Presidential Decree No. 23195, Mar. 1, 2011; Presidential Decree No. 23268, Mar. 1, 2012>