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(영문) 서울중앙지방법원 2020.07.16 2019가단5281234
구상금
Text

1. The Defendant’s KRW 66,232,760 as well as the Plaintiff’s annual rate of 5% from October 9, 2019 to March 29, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a guarantee insurance contract with the Defendant, with respect to the contract for the main construction and design construction project (hereinafter “instant prime contract”), with the insured as the Plaintiff Company D (hereinafter “D”), as follows.

The term “contract deposit” means the advance payment guarantee under the instant prime contract from April 19, 2018 to August 31, 2018, under the instant prime contract, from April 20, 2018 to April 29, 975,000,000 to August 31, 2018, as the insurance period guarantee date; and

B. On December 20, 2018, the term of insurance was extended from April 16, 2018 to May 31, 2019.

C. On April 16, 2018, the Defendant entered into the instant prime contract with D, and received KRW 59,950,000 from D on April 24, 2018 (including value-added tax; hereinafter the same shall apply) and advance payment of KRW 119,90,000 on January 2, 2019.

On July 30, 2019, the Defendant did not perform the finishing construction among the construction works under the instant prime contract, and D notified the Defendant of the termination of the instant prime contract, and on August 10, 2019, filed a claim against the Plaintiff for insurance money under each of the instant guarantee insurance contracts on the ground that the Plaintiff did not perform the instant prime contract.

E. As a result of the Plaintiff’s compensation review, the Plaintiff continued the compensation review as follows with respect to D’s above claim.

1. The '478,684,732 won in three copies of the complaint of KRW 478,640,800, the progress payment for which the Defendant performed the construction as stipulated in the instant state contract, seems to be a clerical error in the calculation.

(i) The amount of the construction contract was calculated as KRW 59,50,000 x 79.84%). The advance payment was calculated as KRW 47,864,080 (i.e., advance payment of KRW 59,950,00) x progress payment of KRW 478,684,732 / contract amount of construction project 59,500), ② 95,728,160 = 119,90,000 x 478,684,732.

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