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(영문) 수원지방법원 2014.11.13 2014가단8284
구상금
Text

1. Defendant A, B, and E are jointly and severally liable to the Plaintiff for KRW 667,861,014 and KRW 666,436,848 among them.

Reasons

1. Facts of recognition;

A. Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”) ordered H improvement contract (hereinafter referred to as “instant improvement contract”) from the Republic of Korea (the Defense Acquisition Program Administration: hereinafter referred to as “Defense Acquisition Program Administration”) that is the insured, and entered into a performance guarantee insurance contract (hereinafter referred to as “instant performance guarantee insurance contract”) with the Plaintiff for the purpose of guaranteeing the payment of the contract deposit:

(1) Insurance coverage period from June 20, 201 to June 20, 201 to August 31, 2012, 200 won of I 668,000,000

B. Defendant A, around May 201, prior to the conclusion of the instant performance guarantee insurance contract, refers to the period during which the Plaintiff can enter into a guarantee insurance contract: (a) the maximum trading amount of KRW 6 billion and the maximum trading period; and (b) the guarantee insurance contract.

(See Article 2(2) of the instant Guarantee Limit Agreement. From May 17, 2011 to May 16, 2012, “The insurance period of each guarantee insurance contract” refers to the scope within which the insurance period of each guarantee insurance contract, which is concluded during the limit trading period, can be set for each guarantee insurance contract.

(See Article 2(3) of the instant Guarantee Limit Agreement. From January 1, 2011, to December 31, 2015, Defendant A entered into a guarantee agreement (hereinafter referred to as the “Guarantee Limit Agreement”) with each of the following terms: (a) Defendant A’s failure to perform his/her obligations or obligations (i.e., occurrence of an insured incident) and the Plaintiff paid the insurance money, Defendant A and its guarantor shall immediately compensate the insurance money to be paid; (b) Defendant A and its guarantor shall pay damages for delay calculated at the rate determined by the Plaintiff within the highest overdue interest rate out of the overdue interest rate set forth in the Banking Act from the date following the date of payment of the insurance money to the date of full payment.

C. Meanwhile, Defendant B, C, D, F, and G are individually liable for reimbursement against the Plaintiff under the instant guarantee limit agreement.

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