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(영문) 부산지방법원 2019.10.01 2019가단5105
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 112,918,770 and 6% per annum from February 13, 2019 to March 6, 2019.

Reasons

1. Facts of recognition;

A. The Defendant B Co., Ltd. (hereinafter “Defendant Company”) entered into a goods contract between the Defendant Company and the Intervenor

(A) On May 8, 2018, the Intervenor joining the Plaintiff (hereinafter referred to as the “ Intervenor”) shall be deemed to have participated in the Intervenor’s Intervenor.

B) From June 27, 2017 to October 30, 2019, the contract term was set at KRW 4,014,520,000, and the Defendant Company entered into a unit price contract for excellent products D with D to manufacture and deliver D to the end-user institution (Evidence 1; hereinafter “instant commodity contract”).

(2) The instant goods contract is a unit price contract with the content of performing the contract in several installments as above. Articles 50(2) and 50(2) of the Enforcement Decree of the Act on Contracts to which the State is a Party (hereinafter “Enforcement Decree of the State Contract Act”) (2) of the same Act, where a party requires the State to perform a contract in several installments, a party to perform a contract under a unit price contract shall be required to pay 10/100 or more of the amount calculated by multiplying the maximum amount of the expected quantity for each installment by the contract unit price as the contract bond, notwithstanding

In addition, matters to be stated in the special conditions of the purchase of goods (manufacture) contract under Paragraph (1) of the special conditions of the goods contract of this case are as follows:

- In the case of a unit price contract under Article 21, the defendant company set the contract deposit to be paid to intervenors pursuant to Article 321,161,600 won (=the maximum amount of delivery requested once = 3,211,616,00 won (=the contract amount of 4,014,520,000 x 80/100) x 10/100) for the unit price contract amount to be paid to intervenors.

B. The conclusion of the instant insurance contract between the Defendant Company and the Plaintiff and the Defendant C’s joint and several sureties 1) In order to secure the payment of the contract deposit for the instant goods contract, the Defendant Company concluded the instant insurance contract with the Plaintiff on May 8, 2018, and finally, insured: 321,161,600 won: the Intervenor, the amount of insurance coverage: the insurance period: From June 27, 2017 to October 30, 2019; and the content of the guarantee: the performance guarantee insurance contract stipulated respectively as the “contract performance guarantee (hereinafter “instant contract”).

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