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(영문) 수원지방법원 2016.11.17 2015나31183
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 8, 11 to 14, and Eul evidence Nos. 1 to 7 (including each number), respectively.

On May 25, 2012, the Plaintiff entered into an agreement with Defendant A Co., Ltd. (hereinafter referred to as the “Defendant Company”) on the limit transaction of guarantee insurance (hereinafter referred to as the “instant limit transaction agreement”) which includes the following, and Defendant B and C respectively jointly and severally guaranteed all obligations owed to the Plaintiff under the instant limit transaction agreement.

Insurance types: Insurance period of a guarantee insurance contract by case from May 25, 2012 to May 24, 2013: From January 1, 2011 to December 31, 2018

B. On March 13, 2013, the Defendant Company entered into a construction subcontract agreement (hereinafter referred to as “instant construction contract”). On March 19, 2013, the Defendant Company entered into a guarantee insurance contract for the performance of the construction works with the following contents (hereinafter referred to as “instant construction contract”). The Defendant Company entered into the instant construction contract with the Plaintiff on March 19, 2013 to secure the contract deposit (hereinafter referred to as “instant construction contract”). Based on the instant limit transaction agreement with the Plaintiff, the insured is effective; the insured amount is KRW 11,00,000, and the insurance period is from March 13, 2013 to September 29, 2013 (hereinafter referred to as “instant performance guarantee insurance contract”).

The name of the original contract: D subcontracted construction period: The E-work period in Chungcheongbuk-gun: the contract amount on July 31, 2013 after the commencement of works on March 13, 2013: 11,000,000 won (including value-added tax): 11,00,000 won (general conditions of the subcontract of construction works): Article 7 (3).

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