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(영문) 서울고등법원 2015.08.18 2014나2042897
보험금
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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(1) Where a contract is rescinded or terminated due to a cause under each subparagraph of Article 31 (1), the contract bond paid under Article 4 shall revert to the plaintiff;

In such cases, where the amount of damages following the cancellation or termination of a contract exceeds the contract deposit, it may be claimed as compensation for the excess amount.

Article 31 (Cancellation, etc. of Contracts by Plaintiff) (1) In cases falling under any of the following subparagraphs, the Plaintiff may cancel or terminate all or part of the contract:

1. Where the intervenor A fails to commence the construction even after the date of commencement agreed upon without any justifiable reason elapses.

【The Standard Contract for Private Construction Works” * the Terms and Conditions of the Second Contract, except for the addition of the following paragraphs 1 and 2 at the end of the contract:

1. The instant contract is a construction contract for the purpose of receiving the Seoul Policy of Policy of Policy of Policy of Policy of Policy of Policy of Seoul.

2. The Plaintiff asserted that the cause of the Plaintiff’s claim was paid KRW 245 million to the Intervenor A as down payment under the instant contract agreement.

However, on May 24, 2012, the Intervenor did not start the construction of the instant case, and the Plaintiff lawfully rescinded the instant contract on the grounds of the Intervenor’s nonperformance of obligation as seen above.

Therefore, according to the insurance contract of this case, the defendant is obligated to pay the plaintiff the insurance money of KRW 245 million within the scope of the guaranteed amount and the delay damages therefor.

3. Determination

A. According to the above facts of determination as to the cause of the claim, the Plaintiff and the Intervenor agreed to contract deposit at KRW 300 million under the second contract, and the Intervenor.

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