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(영문) 부산지방법원 2018.04.05 2017가단18909
구상금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 136,038,00 and the same year as from February 11, 2017.

6. Until 26.0

Reasons

1. Basic facts

A. On September 21, 2015, Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) concluded a contract with the Plaintiff’s Intervenor (hereinafter “ Intervenor”) to accept all of the machinery and equipment fire-fighting works among E Co., Ltd. with the construction cost of KRW 2,880,00,000, and the construction period from September 21, 2015 to April 30, 2017 (hereinafter “instant construction contract”).

B. On September 21, 2015, in order to pay the contractual performance guarantee (10% of the contract amount) stipulated in the instant construction contract, the Defendant Company entered into a performance guarantee insurance contract (a contract) with the content that the Plaintiff compensates the Intervenor for the contract deposit, when the Defendant Company did not perform its obligations stipulated in the instant construction contract, from September 21, 2015 to April 30, 2017, the insurance period of KRW 288,000,000, and from September 21, 2015 to April 30, 2017.

C. Defendant D guaranteed the Defendant Company’s obligation to the Plaintiff under the instant insurance contract.

On November 28, 2006, the Intervenor claimed KRW 288,000,000 as insurance money on the ground that the Defendant Company breached its obligation under the instant construction contract.

E. On February 10, 2017, the Plaintiff set off the amount of KRW 151,962,00,000 paid by the Intervenor to the Defendant Company as insurance money, and paid the remainder of KRW 136,038,00 as insurance money.

F. According to the terms and conditions of the instant insurance contract, where the Plaintiff paid the insurance money to the insured due to the occurrence of an insured event, the Plaintiff shall pay damages for delay pursuant to the overdue interest rate set by the Plaintiff (6% per annum from the date following the payment date to the 30th day from the payment date, 9% per annum from the 31st day to the 90th day from the payment date, and 12% per annum from the 90th day after the elapse

[Ground of recognition] Unsatisfy, A1 through 9, and .

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