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1. From July 31, 2014 to August 29, 2014, Defendant A’s amounting to KRW 442,527,518 and KRW 164,200,00 among the Plaintiff.
Reasons
1. Facts of recognition;
A. On July 29, 2013, the Plaintiff entered into an insurance policy amounting to 48,649,100 won, the insurance period from July 29, 2013 to June 30, 2015 with the aim of guaranteeing the obligation to return the contract deposit under the contract for two sections of the new construction project entered into between the non-party company and the Hocom Construction Co., Ltd. (hereinafter “non-party company”); and (2) on July 29, 2013, with the aim of guaranteeing the obligation to return the contract deposit under the contract for two sections of the new construction project entered into between the non-party company and Hocom Construction Co., Ltd. (hereinafter “non-party company”) with the insurance coverage amounting to 115,550,90 won, the insurance period from July 29, 2013 to June 30, 2015; and (3) the performance bond of the non-party company’s guarantee insurance contract concluded between Hyundai Construction Co., Ltd. (hereinafter “Defendant 23, Ltd.”).
B. According to each of the instant contracts, where the Plaintiff pays insurance proceeds to the insured, Defendant A shall pay damages for delay pursuant to the overdue interest rate applied by the Plaintiff (6% per annum from the following day to the 30th day of the payment of the insurance proceeds, 9% per annum from the 31st day to the 90th day of the payment of the insurance proceeds, and 15% per annum from the 91st day to the day of the payment of the insurance proceeds).
C. After that, the financial condition of the non-party company continues to worsen, such as delinquency in the repayment of debts, etc., but the non-party company was ordered to commence rehabilitation proceedings on April 10, 2014, and it was decided to waive each of the above construction works on or around June 2014, and was declared bankrupt on July 10, 2014.
Accordingly, the Plaintiff’s insurance money under each of the instant contracts is the insurance money on July 2014.