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(영문) 부산지방법원 2017.03.07 2015가단11065
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 24,120,00 and 6% per annum from February 5, 2015 to March 6, 2015.

Reasons

1. Basic facts

A. On March 15, 2013, D Co., Ltd. (hereinafter “Nonindicted Company”) concluded a contract with the Armed Forces Finance Management Body of Korea to manufacture and supply manufacture and supply manufacture and supply of B at the rate of 138,000,000 won and 0.15% of the delivery date on October 30, 2013 (hereinafter “instant first bidding contract”). On April 19, 2013, D Co., Ltd and the Defense Acquisition Program Administration entered into a contract to supply manufacture and supply B at the rate of 0.15% for delayed payment (hereinafter “instant second bidding contract”).

B. On April 5, 2013, the non-party company entered into a contract with Defendant A Co., Ltd. (hereinafter “Defendant Company”); the non-party company entered into a contract under the bidding contract of the instant case with KRW 94,80,000 (excluding value-added tax; KRW 37,920,00; KRW 56,880,00; and any balance 56,80,000) prior to the delivery date; and the contract under the bidding contract of the instant case (hereinafter “instant first contract”); on October 30, 2013, the non-party company entered into a contract with the non-party company with the non-party company (hereinafter “the instant contract”); and on May 15, 2013, the total price for the E production and supply under the instant bidding contract of KRW 66,00,000 (including the balance, KRW 31,080; KRW 34,920,00); and each value-added tax (hereinafter “the instant contract”).

C. On May 16, 2013, under Defendant B and C’s joint and several surety, the Plaintiff concluded each guarantee insurance contract (hereinafter referred to as “net 1 Guarantee Insurance Contract” or “net 4 Guarantee Insurance Contract” in sequence as follows, and, in general, in the event the Defendant Company fails to perform its obligations under the instant 1 and 2 contract, the principal contract, the Plaintiff paid insurance money to the Nonparty Company, and the Defendants, a contractor or joint and several surety, who are the parties to the contract, paid the insurance money to the Plaintiff in addition to the damages for delay calculated by the prescribed rate of the Plaintiff if delay is delayed.

(e).

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