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(영문) 수원지방법원 2016.06.01 2015가단10611
구상금
Text

1. The Plaintiff:

A. Defendant A and B jointly and severally share KRW 173,143,530 and KRW 157,630,190 among them.

Reasons

1. Facts of recognition;

A. In order to secure 44,175,190 won for contract performance guarantee for steel-type construction among D-type city residential housing new construction works supplied by the Plaintiff’s Intervenor, Defendant A Co., Ltd. (hereinafter “Defendant A”) concluded with the Plaintiff performance guarantee insurance (contract) with the Defendant Company, the Plaintiff’s Intervenor, the Plaintiff’s Intervenor, the insurance coverage amount of 44,175,190 won, and the insurance coverage period from July 15, 2013 to October 30, 2015.

(hereinafter referred to as "1 insurance contract")

In order to secure a contract performance guarantee amount of KRW 65,450,00 for steel framed construction among the new construction works of officetels supplied by the Plaintiff’s Intervenor, the Defendant Company concluded with the Plaintiff a performance guarantee insurance (contract) with the Defendant Company, the Plaintiff’s Intervenor, the Plaintiff’s Intervenor, the purchase amount of insurance amount of KRW 65,450,000, and the insurance period from August 29, 2013 to March 1, 2015.

(hereinafter referred to as 2 insurance contract). (c)

The Defendant Company entered into an indemnity insurance contract with the Defendant Company, the Plaintiff’s Intervenor’s Intervenor, the Intervenor’s Intervenor’s Intervenor, the amount of insurance coverage of KRW 150,00,000, and the period of insurance from August 20, 2013 to October 30, 2015 with respect to steel construction among the D-type Urban Residential Housing New Construction Works that the Plaintiff’s Intervenor received from the Plaintiff’s Intervenor.

(hereinafter referred to as "third insurance contract") d.

The Defendant Company concluded with the Plaintiff a guarantee insurance contract for PRO steel construction among the new construction of the old-in complex building supplied by the Plaintiff’s Intervenor, which is set out from the Defendant Company, the Plaintiff’s Intervenor’s Intervenor, the Plaintiff’s Intervenor’s Intervenor, the amount of insurance coverage of KRW 13,247,10, and the insurance period from October 22, 2013 to March 1, 2014.

(hereinafter referred to as 4 insurance contract). (e)

According to the general terms and conditions applicable to the 1st insurance contract and the 2nd insurance contract, the above guarantee insurance contract refers to the subcontract for the pelpel works as seen earlier by the Defendant Company, which is the policyholder, in the presence of the Plaintiff’s Intervenor

(c).

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