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1. The Defendant’s KRW 1,534,830,00 for the Plaintiff and KRW 5% per annum from May 20, 2010 to November 25, 2010 for the Plaintiff.
Reasons
1.Basics
A. On September 208, 2008, the Incheon Metropolitan City Strengthening-gun selected the Plaintiff as a person eligible for design and construction in a general method of design and construction in a tendering procedure for G construction projects (referring to construction projects of the length of 2.11km and other extended sections that link the reinforcement level and H; hereinafter “instant construction projects”).
B. On October 1, 2009, the Plaintiff entered into a construction subcontract contract with J Co., Ltd. (hereinafter “J”) and with respect to on-site posts and maritime appurtenant works among the instant construction projects, with the construction period from October 1, 2009 to December 31, 201; the contract amount of KRW 15,348,300,000; the contract amount of KRW 10% of the contract amount as contract deposit; the contract deposit is deemed as contract deposit; the contract deposit is deemed as contract deposit; regardless of the progress rate at the time of the breach of the contract, the Plaintiff paid the contract deposit in full to the Plaintiff.
(hereinafter referred to as “instant subcontract”). C.
The J concluded with the Defendant a performance guarantee insurance contract (hereinafter “instant performance guarantee insurance contract”) with the insurance period from October 1, 2009 to December 31, 201, for the guarantee of the payment of performance guarantee money as stipulated in the instant subcontract contract, the policyholder J, the insured as the Plaintiff, the insurance amount of KRW 1,534,830,00,00, and the insurance period from October 1, 2009 to December 31, 201, and submitted the said guarantee insurance policy to the Plaintiff. Some of the terms and conditions of the performance guarantee contract are as follows:
The defendant is bound to pay the contract bond to be forfeited or forfeited to the creditor who fails to perform the obligations provided for in the contract entered into an insurance policy (hereinafter referred to as "main contract") by the debtor, the insured shall be bound to compensate for the matters entered in the insurance policy and in accordance with the terms and conditions.
(Article 1 of the Terms and Conditions). The Defendant shall not compensate for the following losses:
(2) An insured incident (Article 2 of the Terms and Conditions) caused by any cause attributable to the insured.