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(영문) 서울중앙지방법원 2012.09.12 2011가단464625
보험금
Text

1. The Defendant’s KRW 213,80,679 for the Plaintiff and 6% per annum from December 24, 2009 to September 12, 2012, and the following.

Reasons

1. Facts of recognition;

A. On April 4, 2008, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with respect to the supply of interior, water supply of ceiling materials (hereinafter “instant construction”) between the Plaintiff and the Plaintiff on May 1, 2008 and September 30, 2008, wherein the Plaintiff was awarded a contract for the construction of a port art gallery located in a park, with the exchange of 384 and 262 parcels from Posi-dong, Northern-dong, Posi-dong, Posi-dong, Posi-dong, and the period of construction from Posi-dong to 30,000 won (hereinafter “instant subcontract”).

B. On October 2009, most of the construction works of this case were completed on the ground that the musical works of this case were not commenced due to the design change of construction works and delay of construction works after the execution of the subcontract of this case.

C. The Plaintiff’s advance payment, under the name of advance payment, received the performance guarantee insurance policy issued on April 15, 2008 (Advance payment) from Dokex, and around that time, indicated the amount of KRW 200 million, ② KRW 5 million without the guaranty insurance policy on December 31, 2008, ③ the performance guarantee insurance policy (in advance payment), KRW 330 million, the insurance period period from October 27, 2009 to November 30, 2009, and KRW 7150,000,000,000 won, and KRW 3330,000,000,000 in advance payment (hereinafter “instant guarantee insurance contract”). The Plaintiff paid the advance payment under the terms and conditions of the instant contract after deducting the amount of the insurance contract’s advance payment from the total amount of KRW 50,500,000,000,000,000 in advance payment.

The plaintiff's notification of the cancellation of the subcontract of this case was impossible to complete the construction of this case as scheduled by the reason of the community's financing difficulties, such as due to the provisional seizure of claims. The plaintiff's notification of the cancellation of the subcontract of this case did not comply with the contract of December 17, 2009.

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