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(영문) 서울중앙지방법원 2015.10.21 2015가합527477
보험금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The summary of the instant case is that the Plaintiff suffered damage from input of the amount exceeding KRW 691,370,991 for adequate construction costs due to the refusal of performance by the Defendant Intervenor (hereinafter “ Intervenor”) and the Defendant sought advance payment of guaranteed insurance and contract guaranteed insurance.

On February 20, 2013, the Plaintiff entered into an agreement with the Intervenor on the construction contract, etc. with respect to the contract amount of KRW 1,314,50,000, and the construction work period from January 25, 2013 to April 29, 2014.

According to Article 4 (1) of the above construction contract, an intervenor may not transfer or succeed to the rights or obligations arising from the contract to a third party without the consent of the plaintiff.

In the specifications attached to the contract, each material cost, construction cost, and cost are divided into “ALC BLK” and “ALC BLK” and only the unit cost of each material cost, construction cost, and cost were determined. There is no statement on the daily cost of each material cost, construction cost, and cost of each material cost, construction cost, and construction of the ALC block.

On March 7, 2013, the Intervenor entered into a guarantee insurance contract with the Defendant and submitted it to the Plaintiff for payment of KRW 131,450,000 from March 7, 2013 to April 29, 2014 (Advance payment) and the insurance amount of KRW 131,450,000, and the period of insurance from January 25, 2013 to April 29, 2014. The Intervenor received advance payment of KRW 131,450,00 from the Plaintiff.

A Section B (1402, 1403, 1409, 1409, 1413) among the instant construction works between the Intervenor and C who runs the business of selling and constructing ALC block in the name of “B” on March 12, 2013 is a participant in construction work with the content that the Intervenor would perform the instant construction work in installments, and B Section B (1401, 1404, 1408, 1408, ).

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