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(영문) 서울중앙지방법원 2017.11.15 2016가단5144938
보험금
Text

1. The Defendant shall pay to the Plaintiff KRW 81,567,803 as well as 15% per annum from July 13, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff entered into a contract for construction works on November 26, 2015 (hereinafter referred to as “ Sungju Construction”).

(2) The construction work of the facilities for the construction of the facilities for the construction of the facilities for the new construction of the facilities for the establishment of the facilities for the establishment of the facilities.

As to the construction period from December 1, 2015 to March 31, 2016, the construction contract was concluded at KRW 955,460,00, advance payment of KRW 143,319,00 (hereinafter “instant construction contract”).

2) Article 9 of the instant construction contract provides, “The Plaintiff shall pay the advance payment to the sexual scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal scal.”

B. The Plaintiff paid KRW 143,319,00 as an advance payment pursuant to the instant contract for construction works. Pursuant to the instant contract for construction works, the Defendant and the Plaintiff paid KRW 143,319,00 as an advance payment. Pursuant to the instant contract for construction works, the amount of advance payment paid by the Plaintiff on November 26, 2015 is KRW 143,319,000, the date of performing the contract, March 31, 2016; and the guarantee period from November 27, 2015 to March 31, 2016 (hereinafter “instant advance payment guarantee contract”).

(2) The main contents of the terms and conditions of the instant advance payment guarantee agreement are as follows.

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