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(영문) 대구지방법원 2020.07.09 2019가합2067
구상금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 2,835,550,846 and the interest rate thereon from July 19, 2019 to the date of full payment.

Reasons

1. Basic facts

A. On August 12, 201, Defendant B Co., Ltd (hereinafter “Defendant Company”) entered into a contract with D Research Institute to supply and demand the following construction works from D Research Institute (hereinafter “instant construction contract”).

Since then, the Korea Institute of Marine Science and Technology succeeded to the status of the above construction contract.

The name of construction: The construction site for the E marine structure (a) (37.0m x 31.2m x 27.5m x 27.5m high): the contract amount from August 18, 2011 to August 17, 2012 (a change from August 18, 2013 to April 18, 2013): the contract amount of KRW 7,222,224,250 (including value-added tax, changed to KRW 7,935,00,000): the contract amount of KRW 2,88,89,70 (a performance bond: performance bond)

B. On August 11, 2011, the Plaintiff entered into a guarantee loan transaction agreement with the Defendant Company (hereinafter “instant guarantee agreement”) with the following contents, and Defendant C jointly and severally guaranteed the Defendant Company’s obligation under the instant guarantee agreement.

Article 2 (Liability, Compensation, etc. for Obligations) (6) of the former Act No. 766,284,000,000 won No. 7 (Transaction Limit) 6 The contractor shall promptly compensate for all incidental obligations, such as the litigation expenses paid by the union, the expenses for cancellation of the establishment of security, the expenses for the preservation of claims, and the legal procedure expenses incurred in the execution of claims (including securities transaction tax paid by the union at the time of disposal of the acquired investment certificate), and the expenses paid by the union on behalf of the agreed person.

C. Upon the request of the Defendant Company, the Plaintiff issued a performance guarantee regarding KRW 2,888,889,70 of the contract deposit under the instant construction contract, which covers the Korea Institute of Marine Science and Technology as the guarantee creditor.

Since then, Defendant Company failed to complete construction works after April 18, 2013, the construction period under the instant construction contract, and as a result, the Korea Marine Science and Technology Institute was examined the validity of the supervision group.

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