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(영문) 수원지방법원 2017.11.16 2017나52153

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On April 1, 2009, B Co., Ltd. (hereinafter “B”) entered into a construction contract with the new company (hereinafter “new company”) on the construction cost of the F apartment (hereinafter “instant apartment”) among the new construction works of the instant apartment (hereinafter “instant apartment”) at Namyang-si (hereinafter “the instant apartment”) with the construction cost of KRW 3,695,00,000 (hereinafter “the instant construction works”) and the construction period from April 1, 2009 to February 28, 2010 (hereinafter “the instant construction contract”).

B. On April 10, 2009, B entered into a guarantee insurance limit trading agreement between the Plaintiff and the Plaintiff with the maximum trading amount of KRW 2 billion and the maximum trading period of KRW 2 billion from April 10, 2009 to April 9, 2010 (hereinafter “instant maximum trading agreement”).

At the time, the defendant, C, and D guaranteed all the obligations of the guaranteed insurance contracts arising under the instant credit transaction agreement to be borne by the plaintiff, and the maximum amount of each joint and several liability was set at 150% of the maximum transaction amount.

C. B completed the instant construction around February 2010, and the new draft was approved for the use of the instant apartment on February 24, 2010.

B concluded the instant guarantee insurance contract (hereinafter “instant guarantee insurance contract”) between the Plaintiff and the Plaintiff on March 11, 2010, in order to guarantee the performance guarantee bond under the instant construction contract. In order to secure the performance guarantee bond under the instant construction contract, B entered into the performance guarantee insurance contract (hereinafter “the instant guarantee insurance contract”) with the insured amount of KRW 187,700,000, and the insurance period from March 1, 2010 to February 28, 2013.

E. After October 24, 2012, the new draft submitted a request for the repair of defects of the instant construction to B, and B sent a reply to the purport that the repair of defects will be completed until February 10, 2013 with respect to the new draft on November 26, 2012.

However, as B did not complete the defect repair work by the above deadline, the new bill is in B on February 25, 2013.