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(영문) 수원지방법원 2018.06.20 2015나2222
구상금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

1. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Facts of recognition;

A. The Codefendant A Codefendant Codefendant, Ltd. in the first instance trial (hereinafter referred to as the "A") ordered H Improvement Contract (hereinafter referred to as the "Maintenance Contract in this case") from the Republic of Korea (the Defense Acquisition Program Administration, hereinafter referred to as the "Defense Acquisition Program Administration") which is the insured, and entered into a performance guarantee insurance contract with the Plaintiff to guarantee the payment of the contract deposit accordingly (hereinafter referred to as the "Performance guarantee insurance contract in this case").

Securities number insurance coverage period from June 20, 201 to June 20, 201, the insurance period of the date of the contract - Daehan - Down - Flusing the amount of 68,00,000 won

B. A around May 201, 201, before entering into the instant performance guarantee insurance contract, refers to the period during which a maximum trading amount is KRW 6 billion and a maximum trading period can be entered into with the Plaintiff.

(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, “The Guarantee Agreement” (hereinafter referred to as “Guarantee Limit Agreement”) was concluded, and the said Guarantee Agreement stipulates that “A and its guarantors shall immediately compensate for the insurance money if the Plaintiff paid the insurance money as a result of failure to perform their obligations or obligations (i.e., the occurrence of an insured incident).” However, the Insurance Money shall be paid by adding the damages for delay calculated at the rate set by the Plaintiff within the maximum of the overdue interest rate set by the Banking Act from the date following the date of payment of the insurance money to the date of full payment.

C. Meanwhile, the co-defendant B, E (hereinafter “B”), Defendant C, D, F, and G under the instant guarantee limit agreement.

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