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(영문) 서울중앙지방법원 2021.02.19 2018가단48640
구상금 청구의 소
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 67,645,769 and KRW 67,313,81 among the Defendants, from May 26, 2018 to September 2018.

Reasons

1. Facts of recognition;

A. Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd”) entered into a contract with Seoul Transport Corporation on September 2016 with Defendant Co., Ltd. to provide F Lending Services (hereinafter “instant service”) to customers within the urban railroad history operated by Seoul Transport Corporation (hereinafter “instant contract”). The main contents of the main contract are as follows.

1) The Defendant Company shall install F’s unmanned rental machine at the place provided by Seoul Transportation Corporation in its history.

2) The Defendant Company shall pay 30% of the remainder after deducting the cost from the sales accrued every month to the Seoul Transportation Corporation.

3) The Defendant Company shall pay 67,313,811 won to the Seoul Transportation Corporation as the deposit for the performance of the principal contract. The Defendant Company may submit a certificate of guarantee under each subparagraph of Article 37(2) of the Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party in lieu of cash payment.

4) The prime contract period shall be five years from the date of commencement of the instant service.

5) If the Defendant Company fails to provide the instant service due to its failure to perform its duties, the Seoul Transport Corporation shall notify the Defendant Company of its performance for a fixed period of 15 days, and if the Defendant Company fails to perform its duties within the above maximum period, the Seoul Transport Corporation may terminate its main contract.

In such cases, the defendant company shall pay the amount equivalent to the deposit money to the Seoul Transportation Corporation.

B. Around September 9, 2016, the Defendant Company entered into a performance guarantee insurance contract with the Plaintiff as Seoul Transport Corporation, and the insured as the guaranteed amount, and submitted the said guaranty insurance policy to the Seoul Transport Corporation upon issuance by the Plaintiff.

The main contents of the above Agreement are as follows:

1) Where the principal contract is terminated due to the Defendant Company’s failure to perform its obligations under the principal contract without good cause.

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