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(영문) 대구지방법원 서부지원 2017.01.12 2015가단23424
구상금
Text

1. The Defendants shall jointly and severally serve to the Plaintiff KRW 35,772,00 as well as to the period from November 17, 2015 to November 27, 2015.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a guarantee insurance contract on September 24, 2014, and the Defendant Company A (hereinafter “Defendant Company”).

between the insured and the 35,772,000 won, and the Intervenor joining the insured (hereinafter referred to as “the Intervenor”).

) The insurance period was from September 25, 2014 to May 23, 2015, and the contract performance guarantee insurance contract was concluded (hereinafter “instant guarantee insurance contract”).

(2) In the instant guarantee insurance contract, Defendant B jointly and severally guaranteed the obligation owed by the Defendant Company to the Plaintiff pursuant to the instant guarantee insurance contract. (2) In the event that the Defendant Company did not perform the principal contract between the insured and the insured, and the Plaintiff paid the insurance money to the Plaintiff, the Defendants agreed to pay the insurance money paid by the Plaintiff and the delayed interest rate as determined by the Plaintiff from the day following the date of payment.

나. 물품공급계약의 체결 1) 보조참가인은 2014. 9. 25. 피고 회사와 사이에, 피고 회사에 보조참가인이 생산하는 폐비닐재생원료(펠렛, 이하 ‘재생원료’라고 한다

(1) A contract for the supply of goods (hereinafter referred to as “instant goods contract”) to determine and supply the supply volume as KRW 357,720,00 (440 tons per ton, unit price of supply per ton, KRW 813,000, and the supply price as KRW 10 days per ton) during the supply period from September 25, 2014 to March 24, 2015 (hereinafter referred to as “instant goods contract”).

(2) Meanwhile, according to Article 10 of the Special Conditions on the Goods Contract of this case, if the contract is terminated as it is clearly difficult to perform the contract due to reasons attributable to the other party to the contract, the security deposit shall belong to the supplementary participant, and according to Article 11, the other party to the contract shall be the amount prescribed in Article 3.

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