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(영문) 수원지방법원 2017.06.28 2015가단21895

구상금

Text

1. Final determination that the Plaintiff’s bankruptcy claim against A, a stock company, is KRW 198,089,950;

2. Defendant C, D,.

Reasons

1. Basic facts

A. On March 29, 2013, A Co., Ltd. (hereinafter “A”) entered into a guarantee insurance trading contract with the Plaintiff, and Defendant C, D, and E jointly and severally guaranteed all obligations that A owes to the Plaintiff pursuant to the said guarantee insurance limit trading contract.

Ceiling Trading Products: 2.5 billion won Limit Trading Period (the execution period of guarantee insurance contract): One year from the date of conclusion of the limit trading (from March 29, 2013 to March 28, 2014): From January 1, 2012 to December 31, 2020

B. On November 19, 2012, the Plaintiff’s Intervenor entered into a supply contract with the Plaintiff on the second-generationer 1 type (hereinafter “instant contract”) among the construction of the installation system with A and the Plaintiff’s subsidiaries, after being awarded a contract for the construction of the manufacturing system for the motor vehicle frame of a Chinese Fash in China by the Plaintiff’s Chinese Automobile Corporation (hereinafter “instant contract”).

According to the instant contract, A shall supply the instant machinery with USD 1,771,50 as total contract price (excluding value-added tax), and as of October 15, 2014 as of the due date for payment, and the design, manufacturing, assembly installation and trial operation of the instant machinery, and the completion of trial operation (final quality verification) of the instant machinery, and then perform the duties of stabilizing atmosphere and strawing standards. The Plaintiff’s Intervenor shall pay the total contract price by dividing it into 30% as advance payment, intermediate payment, 60% as part of intermediate payment, and 10% as remainder.

C. On October 10, 2013, the Plaintiff Intervenor and A maintained the other parts of the instant contract as they are; however, the date of payment from October 15, 2014 to July 31, 2014; and the contract term of contract performance guarantee was concluded between October 10, 2013 and September 30, 2014, setting the contract deposit rate at 10% of the total contract amount.

The main contents of the general terms of the construction contract applicable to the instant contract are as follows.

Article 3. Contract Performance Bond

1. The Intervenor A’s Intervenor A.