beta
Text
Defendants shall jointly and severally serve as the Plaintiff 272,727,273 Won and as a result, from February 27, 2019 to April 29, 2019.
Reasons
1. Basic facts
A. On September 4, 2013, Defendant C Co., Ltd. (hereinafter “Defendant C”) entered into a subcontract for construction work (hereinafter “instant subcontract”) with the Plaintiff’s assistant participants to which the construction of fire-fighting equipment was 550,000,000 won (including value added tax), advance payment 300,000,000 won (including value added tax) among the construction work for the storage and telecommunications works in the astronomical area (hereinafter “the instant construction work”). From September 24, 2013 to June 24, 2014, Defendant C Co., Ltd. (hereinafter “F”).
B. On September 5, 2013, the Plaintiff entered into a guarantee insurance contract (hereinafter “instant insurance contract”) between the Defendant Company and the Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s insurance coverage amounting to KRW 300,000,000, and the insurance period from September 5, 2013 to September 24, 2014; and Defendant D and E jointly and severally guaranteed the Defendant Company’s obligations owed to the Plaintiff according to the instant insurance contract on the same day.
(c)
The insurance contract of this case provides that when the plaintiff pays insurance money to the insured due to the occurrence of an insured incident, the defendant company shall immediately pay it to the insured, and if delayed payment is made, the damages shall be added to delayed payment at the interest rate determined by the plaintiff from the day following the date of payment of insurance money. The overdue interest rate determined by the plaintiff is 6% per annum from the day following the date of payment of insurance money to
(d)
The Defendant Company delivered the guaranty insurance policy of the instant insurance contract to the Plaintiff’s assistant intervenor, and on September 5, 2013, the Plaintiff’s assistant intervenor paid KRW 300,000,000 to the Defendant Company as an advance payment under the instant subcontract agreement.
E. After that, the instant construction project did not proceed and did not return the advance payment, despite the request of the Plaintiff’s Intervenor, the Defendant Company did not return the advance payment.