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(영문) 제주지방법원 2019.07.09 2018가단2560
구상금
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1. The defendant shall pay to the plaintiff KRW 79,342,080 as well as KRW 77,284,00 among them, from February 14, 2018 to the day of full payment.

Reasons

Facts of recognition

A. On November 8, 2014, in order to newly construct urban-type residential housing on the D’s Jeju Island, C Co., Ltd. (hereinafter “C”) entered into a contract for H Corporation with E Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) on November 8, 2014 (hereinafter “instant contract,” and the Nonparty Co., Ltd. entered into the instant contract with E Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) and H Corporation (hereinafter “instant contract,” and the Defendant jointly and severally guaranteed the Defendant’s obligation to Nonparty Co., Ltd. under the instant contract.

The main contents of the instant contract are as follows.

2. Construction period: From November 7, 2014 to July 7, 2015 (including malicious and holidays; and thereafter C and the Non-Party Company agreed to extend the construction period to January 31, 2016).

3. Contract amount: Seven hundred and seventy-two thousand won;

4. Contract bond: Article 4 (Deposit for Contract) (1) B shall pay in cash, etc. to A (C) before the conclusion of a contract in order to guarantee the fulfillment of the contractual obligation, in order to guarantee the fulfillment of the contractual obligation;

Provided, That this shall not apply where Gap and Eul agree not to pay the contract bond under this agreement.

(2) A contract bond under paragraph (1) may be paid by a letter of guarantee issued by the following institutions:

2. Where a contract is terminated or terminated due to the reasons referred to in the subparagraphs of Article 31 (1), a contract bond paid under Article 4 shall revert to a guarantee insurance company, the Korea Credit Guarantee Fund, and other equivalent institutions.

In such cases, where the amount of compensation for damage following the cancellation or termination of a contract exceeds the contract deposit, it may be claimed as compensation for the excess amount.

Article 31 [Cancellation, etc. of Contract A] (1) A may cancel or terminate all or part of the contract in any of the following cases:

1. B:

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