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(영문) 수원지방법원 2017.12.14 2016나62764

보험금

Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in Gap evidence 1 to 6, 9, Eul evidence 1 and witness E and F.

The Plaintiff is a manufacturer of machinery and equipment related to semiconductors, ELCdi, terkein, etc., and Defendant B has completed business registration with the trade name of “G”, and is engaged in the manufacturing business of automated machinery and equipment, etc., and Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is an enterprise that mainly engages in guarantee insurance-related business.

B. On December 19, 2014, the Plaintiff is a machinery and equipment used to shoot and build the International RVN display glass to be supplied by the Plaintiff from Nainc and Nainck to Nainc. (hereinafter “Nainc.”).

2. The contract for the manufacture of SET (hereinafter “the instant contract”) was concluded (hereinafter “the instant contract”). At the time, the Plaintiff entered into the instant contract between the Plaintiff and the Plaintiff as follows. The Plaintiff received KRW 64,500,000 as down payment out of the manufacturing price of the instant machinery pursuant to the instant contract:

Article 1 (Opening of Works)

1. Customer: C;

3. Payment period: The payment period requested by a customer company ( January 24, 2015);

4. Scope of application: AL TURN-KEY (design, manufacture, assembly, on-site SET UP, China SET UP);

5. Private supplies: Article 2 (Contract Price): 215,00,000 won (Payments).

1. Down payment: 30% of the total down payment shall be paid in cash on or before December 24, after completion of the contract, at least 30% of the total down payment;

A contract performance guarantee insurance policy and an advance payment performance guarantee insurance shall be issued.

2. The intermediate payment: 60% of the total down payment is brought in to a factory designated by the Plaintiff, and 60% of the total amount is the 25th day of each month as of the delivery date after the confirmation of the Natech.