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(영문) 서울중앙지방법원 2016.06.01 2015가합566915
선금 반환 등 청구의 소
Text

1. The Defendant Two Drugs Co., Ltd.: (a) KRW 371,527,600 for the Plaintiff and its related thereto, from December 27, 2013 to November 16, 2015.

Reasons

1. Basic facts

A. On December 13, 2013, the Plaintiff entered into a contract for the primary supply of equipment and materials for supporting the East Faco High School (hereinafter “instant contract”) with Defendant Bhynam medicine, between the contract amounting to KRW 928,819,00, and the contract period from December 13, 2013 to June 30, 2014, between March 14, 2014 and June 30, 2014, and between June 30, 2014, and paid KRW 371,527,600 as the advance payment of the instant contract to Defendant Bhynam High School (hereinafter “instant contract”).

B. Prior to the payment of the aforementioned advance payment, Defendant two drugs provided that, between Defendant Seoul Guarantee Insurance and the insured on December 24, 2013, the amount of the insurance coverage of the Plaintiff, the insured amount of KRW 389,340,570, the insurance period from December 23, 2013 to August 29, 2014; the term “prepaid payment guarantee under a supply contract”; and the special engineer’s “only securing only the first advance payment, which is expected to be paid after December 23, 2013”; and the term “the guarantee insurance contract of this case” (hereinafter referred to as “the instant guarantee insurance contract”).

C. According to Article 6 of the General Terms and Conditions incorporated into the foregoing Guarantee Insurance Contract, the Defendant Seoul Guarantee Insurance Co., Ltd. fails to perform the obligation stipulated in the contract (main contract) entered into an insurance policy, and thereby the obligee, who is the obligee, is entitled to return the advance payment (the price for the advance payment or the materials thereof).

After that, on March 14, 2014, the Plaintiff and Defendant 2 concluded a second modification agreement with the effect that the instant contract term from December 13, 2013 to December 31, 2014; the delivery term is extended from September 14, 2014 to December 31, 2014; the first modification agreement with the term of installation is extended from December 31, 2014; the term of the contract again on September 22, 2014; the delivery period is from December 13, 2013 to August 31, 2015; the delivery period is extended from May 14, 2015; and the installation period is extended from August 31, 2015.

E. Defendant B&C did not supply equipment under the instant contract on June 3, 2015.

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