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(영문) 서울중앙지방법원 2014.11.13 2013가단244597
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 101,962,405 and KRW 99,90,000 among them, from April 9, 2012 to January 2014.

Reasons

1. Facts of recognition;

A. Defendant A [Co., Ltd. C (hereinafter “C”)]

(2) On September 19, 2011, the Plaintiff entered into a contract (hereinafter “instant construction contract”) under which the Plaintiff entered into a subcontract (hereinafter “instant construction contract”) with the Intervenor at the time of the contract amounting to KRW 99,900,000, and the construction period from September 19, 2011 to May 19, 201.

B. On September 20, 201, the Defendant Company entered into a guarantee insurance contract (contract) with the Plaintiff regarding the above subcontract (hereinafter “instant guarantee insurance contract”), and Defendant B jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff.

1) Insured: The amount of insurance coverage of 9,990,000 won (contract deposit) : From September 19, 2011 to May 19, 2013;

C. The Defendant Company failed to commence the instant construction project due to the problem of the supply and demand of materials, etc., and the said construction contract was terminated on October 7, 2011.

On November 29, 2011, the Intervenor filed a claim against the Plaintiff for insurance money based on the instant guarantee insurance contract. On January 9, 2012, the Plaintiff paid KRW 99,990,000 to the Intervenor.

According to Article 3 of the Guarantee Insurance Agreement, when the plaintiff pays the insurance proceeds due to the occurrence of an insured incident, the defendant shall pay the plaintiff the insurance proceeds and damages for delay calculated by multiplying the interest rate applied to the insurance proceeds and damages for delay publicly notified by the plaintiff from the day following the payment date to the day of full payment. The overdue interest rate publicly notified by the plaintiff is 6% per annum for 30 days from the day following the payment date of the insurance proceeds, 9% per annum for 60 days from the following day, and 15% per annum

E. Ultimately, the above C.

Damages for delay from January 10, 201 to February 8, 2012, which is 489,101, which is 30 days from January 10, 2012 to February 8, 2012, and which is 60 days from February 9, 2012, from February 9, 2012.

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