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(영문) 서울중앙지방법원 2017.05.16 2016가단78579
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 167,121,147 and KRW 163,88,285 from June 10, 2016 to July 10, 2016.

Reasons

1. Facts of recognition;

A. While concluding a contract for reinforced concrete and ancillary civil works among the new construction companies in the Dispute Resolution Co., Ltd. and the new construction company in C, the Defendant Co., Ltd. concluded two performance guarantee insurance contracts between the Plaintiff and the Plaintiff, with the amount of advance payment under the said construction contract and the payment guarantee for contract deposit: “New Construction Co., Ltd. in the Insurance Co., Ltd., Ltd., the amount of insurance coverage amount of KRW 152,98,000 (prepaid payment guarantee), and KRW 136,301,00 (contract deposit guarantee guarantee) and each insurance period of KRW 136,300 (contract deposit guarantee).”

B. Upon entering into the above two performance guarantee insurance contract, the defendant A corporation agreed to pay the insurance proceeds to the insured in the event that the plaintiff did not perform the obligation to the new interest rate for the insurance company, and the defendant paid the insurance proceeds to the insured without delay, and to pay damages for delay in addition to the interest rate for delay applied by the plaintiff within the maximum interest rate among the interest rate for delayed loans under the Banking Act from the day following the date of payment of the insurance proceeds

The overdue interest rate applied by the Plaintiff is 6% per annum from the day following the payment date of each insurance money until 30 days, 9% per annum from the following day to the 60th day, 12% per annum from the following day to the delivery date of a copy of a complaint, and 15% per annum under the Act on Special Cases concerning the

C. Defendant B jointly and severally guaranteed the obligation of indemnity against the Plaintiff of Defendant A according to the above two performance guarantee insurance contract.

On January 26, 2015, a new LAD General Construction Co., Ltd. means that "the above construction contract is terminated due to the failure to execute the contract by a stock company A, and part of the construction contract is directly operated by the KAD General Construction Co., Ltd., and since the major part entered into a contract with a new company and completed the construction project, it is sought to pay the advance payment of KRW 50,798,690 and the contract bond of KRW 136,301,00 according to the above two guaranty insurance contract." The insurance money is insurance money, accompanied by the current status of payment of construction expenses, adjustment data of damages, termination

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