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(영문) 서울중앙지방법원 2018.01.24 2017나13488
구상금
Text

1. Of the judgment of the first instance, the part against the Plaintiff corresponding to the amount ordered to be paid under the following paragraph (2) shall be revoked.

2.

Reasons

1. Basic facts

A. On November 30, 2012, the non-party C Co., Ltd. (hereinafter “non-party C”) was dissolved pursuant to Article 520-2(1) of the Commercial Act on December 11, 2017, which was after the closing of argument in the trial.

(hereinafter “Defendant Company”) entered into a contract for construction works with respect to “the interior interior interior interior interior interior interior interior of D branch” (hereinafter “instant construction”) within the G basin in ASEAN, with the construction cost of KRW 1,320,00,000 (including value-added tax), the construction period from December 1, 2012 to February 20, 2013, the warranty bond rate of KRW 3% (certificate of performance guarantee), and the warranty bond period of KRW 1,320,000 (including value-added tax), and the warranty bond period of the construction as of February 20, 2013. The Defendant Company completed the instant construction works on February 20, 2013.

B. On March 4, 2013, in order to secure the performance of the Defendant Company’s liability for repairing defects against the non-party company regarding the instant construction contract, the Defendant Company entered into a performance guarantee insurance contract (hereinafter “instant insurance”) with the Plaintiff as follows (hereinafter “instant insurance”).

D. The insurance coverage period of the Policy Number Insured, the insurance coverage period of the Policy Number Insured, H The Defendant Company’s non-party company’s 39,600,000 won from February 21, 2013 to February 20, 2015

C. Upon entering into the instant insurance contract, when the Defendant Company did not perform its liability to repair the defects of the instant construction works, and the Plaintiff paid the insurance proceeds to the Nonparty Company, the Defendant Company agreed to pay the insurance proceeds to the Plaintiff immediately, but to pay damages for delay in the event of delay.

In addition, the above damages for delay agreed to calculate the insurance money paid as one year and 365 days from the day following the payment date of insurance money to the day of full payment, and the damages for delay calculated as the number of delayed days per day and calculated as the interest rate applied to the damages for delay

The Plaintiff disclosed at the time of the conclusion of the instant insurance contract.

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