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(영문) 서울중앙지방법원 2018.08.21 2016가단5207204
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) B and C jointly share the amount of KRW 6,440,948 against the Plaintiff (Counterclaim Defendant) and their amount from May 24, 2018.

Reasons

1. The fact of recognition ( common to the principal lawsuit and counterclaim);

A. The E Co., Ltd. (hereinafter “E”) ordered the Plaintiff to work for the automation equipment of the Yangsan Factory, and the Plaintiff, among the above construction, subcontracted the Mebling installation and machinery and electricity parts to F and subcontracted the robot control construction and cooperation facility construction to other companies.

B. Defendant B (the representative in the name of G, and the actual representative is Defendant C) concluded a subcontract construction contract with the Plaintiff regarding the mass plant construction project and performed the construction project until November 2014, with the following contents.

The construction period for RFID control devices, and control equipment production works (construction works) on January 24, 2014, shall be from January 24, 2014 to March 15, 2014; and 110,000,000 won (excluding value-added tax) on May 28, 2014; the construction period for construction for the production of the control tower board (construction works) on the sloping-ropora on May 28, 2014 to June 8, 2014; and 35,000,000,000 won (excluding value-added tax) (excluding value-added tax).

C. Defendant D entered into a guarantee insurance contract with G with the following content:

[Article 6 of the General Terms and Conditions of Guarantee Insurance for Implementation (Advance Payment) provides that "a company shall compensate for damage to which a contractor who is a debtor fails to perform his/her obligation as stipulated in the insurance policy, and thereby is bound to pay the advance or advance payment to be returned by the obligee in accordance with the terms and conditions of the insurance policy." Types of Insurance for First Corporation: Performance (Advance Payment) insurance policyholder: G (B): the insurance period of the A insurance company: the insurance amount on January 29, 2014; 44,000,000 won: Insurance types related to the Second Corporation related to the payment guarantee for advance payment under the supply contract: the insurance period of the G insured company: the amount of insurance coverage on May 8, 2014: 14:00 won, and the details of guarantee payment guarantee under the supply contract: the details of guarantee payment guarantee under the supply contract for advance payment guarantee for the second Corporation.

D. Defendant C at the Plaintiff’s request on January 2014.

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