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(영문) 수원지방법원 2016.08.10 2015가단66836
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 4,022,684 as well as KRW 4,00,000 among them, from December 16, 2015 to August 10, 2016.

Reasons

1. Evidence A through A6, and the purport of the whole pleadings, which have been recognized;

A. On May 15, 2015, the Defendant entered into a contract for entrusted operation with the content that the Defendant would operate a cafeteria within the premises of B Corporation (hereinafter “instant operating contract”) with respect to the operation of the cafeteria within the premises of B Corporation between the Defendant and B Corporation on May 15, 2015 (hereinafter “instant contract deposit”) and entered into the contract for entrusted operation with the effect that the Defendant would operate the cafeteria within the premises of B Corporation within the period from May 16, 2015 to May 15, 2016 (hereinafter “instant operating contract”), and submitted the contract deposit (hereinafter “instant contract deposit”) to B Corporation with a performance guarantee insurance for an amount of at least 10/100 of the estimated sales amount as the contract deposit in order to faithfully implement the contract when the Defendant entered into the contract. If the Defendant unilaterally violates all matters concerning the contract during the contract period, the contract deposit

B. On May 15, 2015, the Plaintiff entered into a performance guarantee insurance contract between the Plaintiff and the Defendant with a fixed period from May 16, 2015 to May 15, 2016, to secure the Defendant’s contractual performance guarantee obligations under the instant operating contract, with the insured Corporation B, the insurance money of KRW 39 million, and the insurance period from May 16, 2015 to May 15, 2016, and the Defendant agreed to pay damages for delay calculated on a daily basis by multiplying the number of days from the day following the date of the payment of the insurance money by the applicable interest rate for delay damages publicly notified by the Plaintiff, if the Defendant breached the contract and the payment of the insurance money is delayed.

C. On September 24, 2015, the Defendant, who paid the Plaintiff’s insurance money, requested B to terminate the instant operating contract, and B, on September 30, 2015, claimed insurance money under the performance guarantee insurance contract against the Plaintiff on the ground of the Defendant’s termination of the contract. On November 12, 2015, the Plaintiff paid insurance money of KRW 39 million to B.

The plaintiff's standard on December 15, 2015.

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