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(영문) 서울중앙지방법원 2017.06.14 2015가단129203
보증보험금
Text

1. The Defendant shall pay KRW 23,081,00 to the Plaintiff the annual rate of KRW 15% from August 1, 2015 to the full payment.

Reasons

1. Facts of recognition;

A. 1) On July 17, 2014, the Plaintiff entered into a contract and an amendment agreement. The Plaintiff is an intervenor assisting the Defendant (hereinafter “participating”).

(2) Of the construction of a meal room and restaurant, the construction of the building machinery (hereinafter referred to as the “instant construction”).

(i) 1,738,528,210 won (including value-added tax; hereinafter the same shall apply) for the amount of construction;

() Although the agreement on the construction work of 1/1,000 of the liquidated damages rate is stated as 1/1,000, it appears to be a clerical error of 1/1,000. The date of commencement is July 21, 2014; and the date of completion is January 16, 2015 (hereinafter “instant agreement”).

(2) On January 14, 2015, the Plaintiff and the Intervenor changed the completion date to May 16, 2015, and May 15, 2015, respectively, on the grounds of the delay in the designation of materials due to the delay in the supply of materials.

B. The Intervenor entered into a guarantee insurance contract and made advance payment 1) As to the instant construction project, the Intervenor entered into a guarantee insurance contract (in advance) with the Defendant as follows (hereinafter “instant guarantee insurance contract”).

A) A contract was concluded. O-insured: The insurance period of KRW 44,377,00:O insurance: From December 16, 2014 to June 16, 2015: A contract entered into by a contractor, who is the debtor, for a contract entered into in an insurance policy (hereinafter referred to as “main contract”).

(2) In the meantime, the instant guarantee insurance contract is designed to secure the obligation to return the advance paid under the principal contract. According to the general subcontract terms applicable to the principal contract, the advance payment amount is to be settled by the method of advance payment 】 (i.e., the amount equivalent to the amount of advance payment / contract amount).

(c)the contract;

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