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(영문) 창원지방법원마산지원 2015.10.02 2014가단9291
이행(계약)보증보험금
Text

1. The defendant shall pay 65,00,000 won to the plaintiff and 20% per annum from July 19, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On March 18, 2014, the Plaintiff concluded a subcontract with the Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”) on March 18, 2014 with respect to the primary construction work of three-party 1, CASING & DUT, which was successively subcontracted to the Plaintiff, after the Korea Electric Power Co., Ltd. was awarded a contract, with Korea Electric Power Co., Ltd., Ltd., and then awarded a contract for KRW 720,000,000 (including value-added tax).

(hereinafter “instant construction contract”). B.

On March 5, 2014, the Plaintiff entered into a lease agreement on half of the entire site, including B, 3,627 square meters, among the above ground factories, Gyeong-gun B, Gyeong-gun, Gyeongnam-gun, and provided the said factory to the supplementary intervenor as the workplace for the instant construction.

C. On March 27, 2014, the Intervenor entered into a performance guarantee insurance contract with the Plaintiff and the insurance period from March 18, 2014 to December 31, 2014; and issued the performance guarantee insurance policy issued by the Defendant to the Plaintiff.

(hereinafter “instant performance guarantee insurance”). The general terms and conditions of the instant performance guarantee insurance provide that, in the event that an insured event occurs that fails to perform the prime contract without justifiable grounds, the policyholder would compensate the insured for the contract bond that shall be forfeited to the insured.

In the instant construction contract, the payment of the price was determined as the “payment in cash within 30 days of the following month after a claim for the payment of the price was filed on the 25th day of the relevant month after the completion of the supply by item.”

However, on April 1, 2014, the supplementary intervenor claimed KRW 48 million for the progress payment for April 25, 2014 in the absence of any one item that has commenced construction works and completed the supply.

E. Accordingly, the plaintiff does not have completed the delivery of the supplementary intervenor by item, and thus, the payment criteria under the instant construction contract are not paid.

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