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(영문) 서울중앙지방법원 2017.10.20 2015가합577670
구상금 등
Text

1. Defendant A Co., Ltd. and B shall jointly and severally pay to the Plaintiff KRW 217,946,55 and the full payment with regard thereto from February 27, 2016.

Reasons

1. Determination as to the claim for reimbursement against Defendant A, and B

(a)as shown in the reasons for the attachment of the claim;

(b) Articles 208 (3) 2 and 150 (3) and (1) of the Civil Procedure Act of the applicable provisions of Acts;

2. Determination as to the revocation of fraudulent act against Defendant C and the claim for restitution

A. On August 7, 2014, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a contract with two Young Construction Co., Ltd. (hereinafter “B Young Construction”) to replace halogites established in the Defendant A’s logistics center from August 7, 2014 to September 20, 2014 with high energy efficiency. In return, Defendant A entered into a contract for the replacement of lighting equipment with the content that Defendant A pays in installments for 36 months from September 30, 2014 to September 30, 2017.

This contract contains a special agreement that the two Young Construction Co., Ltd. transferred the future claim for construction cost to be paid in installments from Defendant A to the financial institution and received the money in lump sum (the so-called "expacting").

On September 30, 2014, the Plaintiff entered into a performance guarantee insurance contract with Defendant A, setting the term of the insurance contract from September 30, 2014 to September 30, 2017, with the effect that if Defendant A fails to pay the construction cost that is to be paid in installments for the two construction projects as above, the Plaintiff shall pay the amount of the unpaid installments for the two construction projects as the insurance money (hereinafter “first performance guarantee insurance contract”).

Defendant B, the representative director of Defendant A, had the Plaintiff paid insurance proceeds for two territorial construction, and the Defendant A guaranteed the indemnity liability owed to the Plaintiff.

On September 20, 2014, two territorial construction completed works to replace ESD lighting according to the contract with Defendant A for the project to replace lighting equipment, and on October 10, 2014, the construction cost.

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