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1. Defendant A, Defendant (Appointed Party B), Appointed C, D, and E are jointly and severally liable to the Plaintiff for KRW 359,350,848.
Reasons
1. Basic facts
A. On August 10, 2007, the Plaintiff’s Intervenor entered into a “F Private Investment Project Comprehensive Management Information System service contract” with F Co., Ltd. and received a contract for that service.
B. After that, the Plaintiff’s Intervenor entered into a contract with the Defendant Company A (hereinafter “Defendant Company”) on August 13, 2007 under which the contract amount of the construction work of the integrated management information system is KRW 1.25 billion (including additional tax; hereinafter the same shall apply) and the contract period from August 16, 2007 to January 31, 2012 (hereinafter “instant subcontract agreement”). The main contents of the instant subcontract agreement are as follows.
1) The Plaintiff’s Intervenor shall pay to the Defendant Company advance payment equivalent to 10% of the contract amount after concluding the contract, and the intermediate payment equivalent to 80% of the contract amount shall be paid if the Defendant Company requests quarterly components every three months from September 2007 to September 3, 2007 (Article 2(2) of the Basic Contract). The Defendant Company shall submit an advance payment guarantee insurance policy for the total advance payment as security for advance payment to the Plaintiff’s Intervenor, and pay the contract deposit equivalent to 20% of the contract amount by submitting a contract deposit as security for performance guarantee.
(Article 10 of the Basic Contract, Article 1(3) of the Additional Contract, when the defendant company violated or neglected to perform the matters stipulated in the subcontract of this case, or when similar procedures, such as corporate reorganization, debt settlement, etc., are initiated with respect to the defendant company, the contract bond shall be reverted to the intervenor assisting the plaintiff, and the defendant company shall return the full advance payment to the intervenor assisting the plaintiff (Article 11(4) of the Basic Contract). (1) The parties shall have the ability to perform the contract upon the occurrence of a serious managerial reason, such as compulsory execution (including provisional seizure and provisional disposition) by