(영문) 서울중앙지방법원 2017.07.10 2016나49510

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(영문) 서울중앙지방법원 2017.07.10 2016나49510

보험금

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1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 35,110,190 and KRW 23,258,830 among them.

Reasons

1. Basic facts

A. (1) On January 2012, the Plaintiff: (a) around Kimpo-si, Kimpo-si, and two lots of ground D facilities (hereinafter “D facilities”) from the Kimpo-si, Kimpo-si, and the Plaintiff.

(2) On March 18, 2013, the Plaintiff entered into a subcontract (hereinafter referred to as the “instant subcontract”) with the Defendant’s Intervenor A Co., Ltd. (hereinafter referred to as the “A”) on the following terms: (a) the construction cost of reinforced concrete construction among the aforementioned DD installation works (hereinafter referred to as the “instant construction works”) was KRW 240,30,000 (excluding value-added tax); and (b) the construction period was from March 18, 2013 to May 20, 2013; and (c) the said subcontract was executed under the following terms:

Article 7 (Performance of Contracts and Guarantee for Payment of Contract Price) (1) The plaintiff and A shall mutually guarantee the execution of contracts and the payment of contract price by means of any of the following subparagraphs:

(Sicker omitted)

1. The contract performance guarantee of the amount equivalent to 20% of the contract amount to the Plaintiff. (2) The guarantee between the Plaintiff and the Plaintiff pursuant to paragraph (1) shall be paid in cash or delivered in accordance with any of the following subparagraphs:

1.A letter of guarantee issued by the construction mutual aid association, specialized construction mutual aid association or guarantee insurance company, and the Korea Credit Guarantee Fund and other equivalent supporting institutions.

However, if A pays in cash or delivers the certificates referred to in paragraph (2) 2 and 3, the amount equivalent to the amount of loss shall be reverted to the Plaintiff.

Article 25 (Cancellation and Termination of Contracts) (1) In cases falling under any of the following subparagraphs, the plaintiff or A may cancel or terminate all or part of the relevant contract, if the contract is not performed within the said period after giving a written peremptory notice, setting a period of 15 days or one month:

4.A, including vice-do and bankruptcy.

유사 판례

-수원지방법원성남지원 2015.12.09 2014가단226528

-광주지방법원 2014.02.13 2013가합53269

-서울중앙지방법원 2017.10.27 2017가합524748

-청주지방법원 2015.07.10 2015가단102491

-서울중앙지방법원 2013.10.10 2011가합138190