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(영문) 서울고등법원 2014.12.10 2014나34401
구상금 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. A entered into a contract for a construction project with a Party A was awarded a contract for a new construction project with the Geumcheon-gu Seoul Metropolitan Government (hereinafter “Ycheon-gu”) on October 27, 201.

(hereinafter “instant construction contract”). B.

A) On October 27, 201, the Plaintiff entered into a performance guarantee insurance contract and the Defendant’s joint and several surety (1) with the insurance coverage amounting to 280,295,700 won, the insured, the Geumcheon-gu insurance period, and the performance guarantee insurance contract determined from October 27, 201 to September 20, 201 in order to secure the implementation of the instant construction contract, and (2) on November 8, 201, in order to guarantee the return of advance payment under the instant construction contract, the amount of insurance coverage amounting to 200,56,220 won, the insured Geumcheon-gu insurance period, and the insured Geumcheon-gu insurance period from November 8, 2011 to November 19, 2012; and (3) concluded a performance guarantee insurance contract with the insured as stipulated in the instant construction contract; and (4) concluded an agreement to pay the insurance proceeds and delay damages to the Plaintiff (hereinafter referred to as “the interest rate prescribed by the Plaintiff”).

(2) Pursuant to the instant insurance contract, B, the representative director of A, was jointly and severally and severally guaranteed for the obligations owed by the Defendant to the Plaintiff according to the instant 2 insurance contract.

(hereinafter the defendant's joint and several guarantee agreement of this case is referred to as "joint and several guarantee agreement of this case").

On October 15, 2012, the occurrence of the insurance accident A occurred by submitting a statement of waiver of construction to the Geumcheon-gu to waive the instant construction work while performing the construction work under the instant construction contract, and by suspending the construction work, the occurrence of the insurance accident stipulated in the instant 1 and 2 insurance contract.

The payment of the plaintiff's insurance money to the plaintiff around October 2012 and around November 2012, Geumcheon-gu gives up construction work to the plaintiff.

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