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(영문) 서울중앙지방법원 2015.01.27 2014가단52641
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff 126,019,120 won and 6% per annum from February 21, 2014 to March 22, 2014.

Reasons

1. Facts of recognition;

A. (1) On November 2, 2009, the Plaintiff concluded a guarantee insurance contract with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) to guarantee the performance of the contract bond (20% of the contract price) that the Defendant Co., Ltd. bears to the Korea Rural Community Corporation in relation to the civil engineering works for repairing facilities in the Maritime Zone during the period from November 2, 2009 to December 28, 2011 (hereinafter “instant construction works”). However, where the prime contract period is extended, the Plaintiff concluded a guarantee insurance contract with the effect that the Defendant Co., Ltd. will assume the liability for the insurance until the actual due date, notwithstanding the said insurance period.

(2) The Defendant Company agreed to pay the insurance proceeds in addition to the insurance proceeds and damages for delay pursuant to the interest rate determined by the Plaintiff when the Plaintiff pays the insurance proceeds due to the occurrence of an insured incident, such as failure to perform the obligation stipulated in the construction contract without any justifiable reason at the time of the above guarantee contract. D and Defendant B jointly guaranteed the Defendant Company’s liability for indemnity.

(3) On March 30, 2010, among the joint and several sureties, D was replaced to Defendant C. Defendant C bears the joint and several sureties obligation retroactively to the commencement date of the insurance period, and if the construction contract period of the instant construction contract is extended, Defendant C prepares and submits a special agreement on performance guarantee insurance that includes a special agreement clause that imposes the obligation of joint and several sureties by the actual fulfillment date of the construction contract (hereinafter “instant special agreement clause”) notwithstanding the said insurance period, notwithstanding the said

B. (1) On November 5, 2009, the Defendant Company contracted the instant construction from the Korea Rural Community Corporation to December 28, 201, by setting the construction cost of KRW 630,095,600 and the construction period from November 13, 2009 to December 28, 2011.

(2) The Defendant Company is related to the instant construction project with the Korea Rural Community Corporation on March 2, 2012.

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