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(영문) 서울중앙지방법원 2015.01.30 2013가단5142702
구상금
Text

1. The defendant shall pay to the plaintiff KRW 56,084,930 as well as KRW 55,00,000 from August 12, 2013 to the day of full payment.

Reasons

1. Determination on the cause of the claim

A. The following facts may be acknowledged in full view of Gap evidence 1 to 9, including each number of recognized facts, as well as the overall purport of the pleadings:

1) On or around December 13, 2010, the Plaintiff and the Defendant, a non-party piracy Development Co., Ltd. (hereinafter “Maritime Development”).

In order to secure the obligation to perform a contract for construction works entered into with the Defendant, the term of insurance was from December 13, 2010 to November 23, 2012; the insured’s piracy development; and the purchase price of insurance at KRW 55,00,00. 2) According to the construction contract between the Defendant and the piracy development, the piracy development subcontracted the Defendant the machinery and fire-fighting works (hereinafter “instant construction works”) among B construction works performed by the piracy development (hereinafter “instant construction works”) to the Defendant on December 13, 2010.

Since then, although the above construction works had been delayed, if the Maritime Development and the defendant paid 26,00,000 won for additional construction works to the defendant around September 17, 2012, they agreed to conclude the instant construction works until November 19, 2012.

However, the Defendant did not complete the instant construction even after receiving KRW 26,00,000 from the piracy development around that time, and notified the Defendant on November 21, 2012 that the piracy development would cancel the contract.

3) Ultimately, the piracy Development concluded the instant construction work by November 30, 2012, under direct control, until November 30, 2012. Meanwhile, at the time of the construction contract between the Defendant and the piracy Development, the Defendant agreed to stay at the construction site at the construction site, and the Defendant agreed to claim the amount equivalent to the performance bond for breach of contract when the piracy Development is cancelled because it is not possible for

5) The Maritime Development claimed insurance money equivalent to the amount of the performance bond against the Plaintiff on the ground that the contract for construction that was concluded with the Defendant was rescinded, and accordingly, the Plaintiff paid insurance money for the Maritime Development as shown in the attached Form (Provided, That the creditor is the Plaintiff and the creditor).

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