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(영문) 수원지방법원 2015.01.13 2014가합5046
구상금
Text

1. The Plaintiff:

A. For Defendant A: 114,391,421 won and 112,165,985 won among them:

B. Defendant B is Defendant A.

Reasons

1. Basic facts

A. Defendant A entered into a three foreign capital purchase agreement with the Korea Agriculture and Fisheries Corporation (hereinafter “Korea Agriculture and Fisheries Distribution Corporation”) and Non-GM bean (hereinafter “instant purchase agreement”). Under each of the instant purchase agreements, Defendant A and the Korea Agricultural and Fisheries Distribution Corporation shall comply with the decision of the Korea Commercial Arbitration Board if there is a dispute between Defendant A and the Korea Agricultural and Fisheries Distribution Corporation.

US$ 472,250 on April 15, 2012, the date of arrival of the scheduled shipment date of the temporary quantity of the sequence 1,00 tons on April 2, 2012 and USD 1,000 on April 16, 2012; USD 974,500 on April 16, 2012; USD 1,000 on April 25, 2012; and USD 989,500 on May 3, 2012

B. In order to guarantee the payment of the performance bond under each purchase contract of this case by Defendant A, the Plaintiff entered into a performance guarantee insurance contract with Defendant A and the policyholder A, the insured agricultural and fishery distribution corporation (hereinafter “each guarantee insurance contract of this case”). Defendant B jointly and severally guaranteed the obligation to be borne by Defendant A to the Agricultural and Fishery Distribution Corporation in accordance with the guaranty insurance contract of 2 and 3, among each guarantee insurance contract of this case.

Each guarantee insurance contract of this case provides that the plaintiff shall pay the purchase amount equivalent to the contract deposit to the Agricultural and Fishery Distribution Corporation in the event that the defendant A fails to perform the obligation to pay the purchase amount under each purchase contract of this case. In the event that the plaintiff pays the above insurance amount, it shall be paid by adding up damages for delay publicly notified by the company from the day after the date of payment of insurance

Serial The insurance amount No. 123,612.5 US$ 123,612.5 of the main insurance period between April 2, 2012 and August 15, 2012, the No. 1248,725 US$ 128,725 of the respective purchase contracts of this case from April 12 to August 31, 2012, USD 2349,475 US$ 239,475 from April 12, 2012 to August 31, 2012

C. On April 2012, the Agricultural and Fishery Distribution Corporation shall arrange for the shipment of Defendant A in accordance with each purchase agreement of this case.

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