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(영문) 서울중앙지방법원 2015.12.10 2014가단184616
구상금 등
Text

1. Defendant LFSK Co., Ltd.: KRW 57,000,000 and its amount are from October 1, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 1, 2011, the Plaintiff entered into a construction contract with C Co., Ltd. (hereinafter “C”) with Defendant B’s representative director, which newly constructs a detached house (hereinafter “instant housing”) on the ground of Hongcheon-gun D (hereinafter “instant construction contract”), with the construction cost of KRW 180 million, the construction period from May 1, 201 to September 1, 201, with the warranty period of two years, the warranty bond rate of KRW 3%, the warranty bond rate of KRW 1/1,000 per day, and the construction contract with the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”) guaranteed the execution of the instant construction contract under the instant contract.

B. During the instant construction work, C did not agree with the Plaintiff regarding the details of additional construction and construction cost, etc., but ceased the instant construction work on August 201, 201. From September 201, the Plaintiff performed the remaining unconstruction parts and some additional construction works during the instant construction work, and completed a pre-use inspection on December 29, 201 with respect to the instant housing.

C. The Plaintiff paid C a total of KRW 160 million from May 2, 2011 to July 2, 2011, and paid KRW 180 million in addition to the payment of KRW 20 million on August 12, 2011, which was around the time when C ceased the instant construction work, by paying KRW 180 million in total.

On the other hand, on April 29, 201, the Defendant Company entered into a performance guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) with the Plaintiff as the insured on April 29, 201, which covers the purchase amount of KRW 18 million as to the instant construction, and issued the performance guarantee insurance contract. On May 30, 2012, the Plaintiff entered into a performance guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”).

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