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1. The Defendants jointly and severally pay KRW 31,662,40 to the Plaintiff.
2. The plaintiff's remainder against the defendants.
Reasons
1. Basic facts
A. On November 22, 2014, the Plaintiff’s Intervenor A (hereinafter “A”) entered into a contract with the Defendant Company B (hereinafter “Defendant Company”) for the construction of logistics warehouses on the ground of D, setting the construction period from November 22, 2014 to January 31, 2015, and the construction cost as KRW 385 million (including value-added tax; hereinafter the same shall apply) (hereinafter “instant contract”).
B. Of the construction price under the instant contract, A and the Defendant Company paid 10% of the contract deposit as of November 24, 2014; 20% of the prepaid payment as of November 24, 2014 when entering into the instant contract; 30% of the remainder of the construction price; 20% of the remainder of the construction price upon entering into steel framed; and 20% at the time of entering into the panel materials, respectively.
C. The Plaintiff entered into a performance guarantee insurance contract (hereinafter “instant insurance contract”) with the insured amount of KRW A and insurance amount of KRW 77 million in order to guarantee the Defendant Company’s obligation to return advance payment under the instant contract, setting the insurance period from November 26, 2014 to January 31, 2015, and Defendant C guaranteed the Defendant Company’s obligation to pay indemnity to the Plaintiff in relation to the instant insurance contract.
A When the completion of the instant construction works was delayed when the Defendant Company paid the construction cost of KRW 30 million to the Defendant Company, A notified the Defendant Company of the termination of the instant contract on June 4, 2015, and claimed insurance proceeds of KRW 77 million to the Plaintiff on the same day, and completed the instant construction works at its own expense.
E. The important contents, such as the terms and conditions attached to the instant insurance contract agreement and the agreement (Evidence 1, 2) are as follows with respect to the insurance accident of the instant insurance contract and the prior right to indemnity.
- Article 3 (Compensation for Loss and Costs) (1) of the Agreement.