(영문) 서울중앙지방법원 2020.05.22 2019가합563556

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(영문) 서울중앙지방법원 2020.05.22 2019가합563556

구상금 등 청구의 소

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1. The Plaintiff:

A. Defendant B Co., Ltd., and C Co., Ltd., jointly and severally, KRW 772,53,379, and KRW 759,010,959, out of the above amount.

Reasons

1. Basic facts

A. On November 21, 2016, Defendant B entered into a supply contract with G Co., Ltd. (hereinafter “G”), and the main contents thereof are as follows.

(hereinafter referred to as “A” shall apply to the application and validity of Article 1 of G, B, and this Agreement, purchased from “A” and supplied to H Co., Ltd.

The term of the contract under Article 3 is from November 21, 2016 to May 22, 2017.

Article 5 (1) The payment of the price of delivered goods and the issuance of tax invoices) The price of delivered goods shall be KRW 00 billion, and the price of delivered goods for each delivery shall be KRW 00 million (excluding surtax). Gap shall pay the total amount of the price of delivered goods for each delivery unit as advance payment for each delivery unit. Article 7 Section 1) Eul shall submit a contract bond to Gap before the payment date of advance payment, such as cash or letter of guarantee, in order to secure the performance of each delivery unit.

2) The contract bond shall be 10% of the price of supplied goods specified in Article 5. If B fails to complete the delivery of the instant goods by the delivery date without justifiable grounds, the contract bond shall be returned to A, and the contract bond under Article 7 of this Agreement shall be reverted to A.

B. On November 28, 2016, the Plaintiff entered into a performance guarantee insurance contract (contract) with Defendant B with respect to the obligation to pay the contract deposit under the above supply contract with Defendant B as to the obligation to pay the contract deposit under the above supply contract with Defendant B, from November 21, 2016 to May 22, 2017. On the same day, Defendant C had jointly and severally guaranteed the obligation of Defendant B to pay the Plaintiff according to the above insurance contract (hereinafter “instant 1 insurance contract”), and the Plaintiff issued the performance (contract) insurance policy with the same day.

C. The Defendant’s status as to Defendant B’s G on November 28, 2016 between Defendant B and Defendant B.

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