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(영문) 서울중앙지방법원 2017.09.21 2017가단5053671
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 6789,00,00 and the amount shall be 6% per annum from March 23, 2014 to April 21, 2014.

Reasons

1. Basic facts

A. The Defendant A Co., Ltd. (1) concluded and rescinded a supply contract for the air of Razers (hereinafter “Defendant A”) around November 28, 201 with D, and the Defendant Co., Ltd. entered into a contract with D to supply “Bazers” for KRW 75 million (hereinafter “instant supply contract”). Around that time, the Defendant Co., Ltd. received KRW 75 million for payment from D.

(2) Upon receipt of the advance payment of KRW 75 million from D, the Defendant Company could not supply the instant machinery to the Defendant Company until the delivery deadline. Around February 14, 2012, the Defendant Company requested D to temporarily use the instant machinery in the D’s factory located in Seongbuk-gu, Seongbuk-gu, Sungwon-si, for the repair of the Defendant Company’s “Skid Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Ro until the delivery date. Around February 17, 2012, the Defendant Company transferred and installed the instant machinery to the D’s factory located in Seongbuk-gu, Changwon-gu, Seoul-si, with D’s consent.

(3) After that, around March 26, 2012, D requested the Defendant Company to supply “the instant machine” to the Defendant Company. Accordingly, the Defendant Company: (a) around April 28, 2012; (b) instead of “the instant machine” and “the instant machine; (c) provided a substitute supply of “the treatment radar machine”; (d) leased one unit of “NCT press equipment” free of charge for six months; and (d) agreed to provide the cut work volume.

(4) However, the Defendant Company failed to comply with the foregoing arrangement, and D notified the Defendant Company that it will claim insurance proceeds under the instant guarantee insurance contract as seen below (b) around May 8, 2012, and notified the Defendant Company that it would rescind the instant supply contract without any separate notice if it fails to transfer, install, or run the “Sastar Aircraft” by no later than May 17, 2012.

B. On the other hand, Defendant Company entered into a guarantee insurance contract (1) on December 5, 201.

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