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(영문) 부산지방법원 2015.11.26 2015가단31878
구상금
Text

1. The defendant shall pay to the plaintiff KRW 24,696,539 and the amount of KRW 24,202,80 among them, from March 27, 2015 to the day of full payment.

Reasons

Facts of recognition

On August 18, 2014, the Defendant (mutual: B) entered into a contract with C (the later trade name was changed to “C”; hereinafter “C”) under which C entered into a contract with the Defendant on the condition that the construction of reinforced concrete (hereinafter “instant construction”) during the Yangsan E construction period would be on August 18, 2014 to September 30, 2014; the construction amount would be KRW 351 million; the construction amount would be KRW 51 million; and the construction amount would be on the condition that 50 million will be submitted, etc. within 15 days from the date of the agreement (Evidence A; hereinafter “instant construction contract”).

As stipulated in the instant construction contract, the Defendant made the insured as C on August 20, 2014 to the Plaintiff, and made an application for guarantee insurance (contract) to pay the purchase price of KRW 50 million to the Plaintiff, and the Plaintiff issued a guarantee insurance to the Defendant.

(A) No. 2-1, 2, and hereinafter “instant insurance contract”). According to the instant insurance contract, if the Defendant fails to implement the instant construction contract without good cause, an insurance accident occurs, and the insurance amount payable is the amount of actual damage suffered by C within the limit of the amount of the contract bond, unless there is a seizure or reversion clause of the contract bond.

On November 3, 2014, the Defendant received a subcontract from C for part of the instant construction work and F-construction work (113.6 million won for the instant construction work). The Defendant sent a content-certified mail to the effect that C would claim KRW 30 million for the payment of the unpaid construction cost, as it had a large amount of labor cost, and C would have paid KRW 10 million for the unpaid construction cost and KRW 20 million for the Defendant.

(B) No. 2-2) On November 7, 2014, C sent a content-certified mail to the effect that the Defendant would pay the remainder of KRW 10,326,700 on the completion of construction, since the Defendant’s requirements were not agreed upon.

(B) No. 2-1. C shall pay to the Defendant on November 18, 2014 without completing the instant construction work.

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