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Reasons
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(영문) 서울중앙지방법원 2013.09.13 2012나48502
보험금
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1. Revocation of the part against the defendant in the judgment of the first instance;

2. The plaintiff's claim as to the above cancellation part is dismissed.

Reasons

1. Basic facts

A. (1) The Plaintiff is a contractor who has been awarded a contract for the new construction of a port art gallery located in a park with the exchange of 384 and 262 lots from the Posi-dong, Northern-dong, Posi-dong, Posi-dong, Posi-si.

(2) On April 4, 2008, Mtex Co., Ltd. concluded a subcontract (hereinafter “instant subcontract”) with respect to the interior, water supply, and ceiling materials supply (hereinafter “instant construction”) between the Plaintiff and the said construction work, setting the construction amount of KRW 715,00,000, and the construction period from May 1, 2008 to September 30, 2008.

B. On October 2009, most of the construction works of this case were completed after the execution of the subcontract of this case, and the construction work of this case was not commenced due to the design change of construction work and delay of construction work.

C. In relation to the instant subcontract, the Defendant and the Plaintiff’s advance payment (1) concluded a guarantee insurance contract (hereinafter “each guarantee insurance contract of this case”) with the name of the Plaintiff, the principal contract, and the contract amount of KRW 715,00,000,000, with respect to the instant subcontract. The Defendant and the Plaintiff jointly and severally guaranteed the obligation of indemnity, etc. against the Defendant of Dokex under the performance guarantee contract of October 27, 2009 (Advance payment).

The term of the contract term of the main contract under the contents of the main contract that guarantees the insurance amount from April 7, 2008 (contract) to April 4, 2008 to September 30, 2008, the term of the contract deposit under the supply contract from May 1, 2008 to September 15, 2008 (Advance payment) contract deposit from September 30, 2008 to September 15, 2008 (Advance payment) contract deposit from April 15, 2008 to April 15, 2008 to September 15, 2008 to September 30, 2008; and the advance payment guarantee under the supply contract under the supply contract from May 1, 2008 to September 30, 2008 to September 30, 2008; and

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