(영문) 의정부지방법원고양지원 2014.10.10 2014가합3993

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(영문) 의정부지방법원고양지원 2014.10.10 2014가합3993

보증보험금청구

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1. The Defendant’s KRW 168,984,698 for the Plaintiff and KRW 6% per annum from April 19, 2014 to October 10, 2014 for the Plaintiff.

Reasons

1. Basic facts

A. (i) On October 13, 2010, the Plaintiff entered into a subcontract agreement with the YYK Co., Ltd. (hereinafter referred to as “stock company”) on which October 13, 2010: (a) the Plaintiff received a contract from the Gangwon-gun Co., Ltd. for the extension of the HLS hotel in Gangwon-gun, Seowon-gun, Seowon-gun, the Plaintiff entered into a subcontract with the Plaintiff by setting the construction period for the works for the installation of squares (hereinafter referred to as “instant subdivision works”) from October 13, 2010 to April 30, 2012; (b) the contract amount as KRW 3,311,00,000 (including value-added tax); and (c) the advance payment 794,640,000,000 paid as KRW 10 in accordance with the terms and conditions for the payment of the order.

(hereinafter referred to as the “instant subcontract”). Article 25 (Cancellation and Termination of the Terms of Contracts) (1) “A” or “B” (e.g., the Plaintiff) may cancel or terminate all or part of the relevant contract, if the contract is not performed within the said period after demanding it to perform the contract in writing for a reasonable period specified in any of the following cases:

1. The contract term “A” or “B” is deemed to be in violation of the contract term and thus unable to achieve the purpose of the contract

1. A contract bond (3) where the contract is terminated due to a cause attributable to the “B”, 10% of the contract amount (including value-added tax) shall be paid to B as penalty even before the commencement of the construction work.

The instant subcontract agreement has the following contents:

B. On October 13, 2010, the Defendant entered into a guarantee insurance contract (hereinafter “instant contract deposit insurance contract”) with the Plaintiff, the insured from October 13, 2010 to April 30, 2012 between the period of the insurance, and the content of the guarantee was set at KRW 331,10,000, with the amount of the contract deposit, the amount of the insurance coverage, and the performance (contract) contract.

Shebringscocks are between the defendant on October 13, 2010.

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