logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.07.12 2015가단214407
구상금
Text

1. From June 17, 2015 to July 20, 2015, the Defendant paid to the Plaintiff KRW 137,889,152 as well as the annual 6% from the following day.

Reasons

Basic Facts

On November 13, 2013, the Defendant entered into a contract with the Plaintiff’s Intervenor (hereinafter “ Intervenor”), under which the Intervenor made and installed (hereinafter “instant main contract”) the period for delivery of the plant pipes and sub-lines of the B construction from among the B construction contracted by the Plaintiff’s Intervenor, as of March 2, 2015, with the payment deadline of KRW 507,00,000 (excluding value-added tax) (hereinafter “instant construction”).

On November 14, 2013, the Defendant entered into a performance guarantee insurance contract (hereinafter “instant contract guarantee insurance contract”) with the Plaintiff on November 14, 2013, on the ground that the insured was the Intervenor, the purchase amount of insurance KRW 101,40,000, and the insurance period from November 13, 2013 to March 2, 2015, the Defendant entered into the performance guarantee insurance contract (hereinafter “instant contract”).

According to the terms and conditions of guarantee insurance for the plaintiff's performance (contract) contract, the plaintiff compensates the insured for the loss incurred by the insured by failing to perform the obligation stipulated in the principal contract, and the insurance money to be paid by the plaintiff shall be the amount to be forfeited or forfeited to the insured as stipulated in the principal contract, but if there is no provision to confiscate or revert to the principal contract, the amount of actual loss shall be the amount claimed by

On March 24, 2014, the Defendant entered into a performance guarantee insurance contract (hereinafter “instant advance payment contract”) with the Plaintiff on the following grounds: (a) the insured was the Intervenor, the purchase price of KRW 50,000,000; and (b) the insurance period from March 24, 2014 to March 2, 15.

According to the terms and conditions of guarantee insurance for the plaintiff's performance (Advance payment), the plaintiff shall be returned by the insured because the policyholder fails to perform his/her obligation as provided for in the principal contract.

arrow