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(영문) 부산지방법원 2017.09.26 2016가단319568
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 215,00,000 and KRW 100,000 among them, from April 26, 2016, and from 115.

Reasons

1. Following the facts of recognition are as follows. The plaintiff and defendant Eul corporation shall be deemed to have led to confessions by the same defendant pursuant to Article 150(3) and (1) of the Civil Procedure Act. The plaintiff and defendant C may be acknowledged in full view of the whole purport of the arguments as to the evidence Nos. 1 through 6 (including the provisional number).

The Plaintiff concluded a performance guarantee insurance contract (hereinafter referred to as “each of the instant insurance contracts in case the insured events occur due to failure to perform the obligations or obligations under the main contract, such as the following Table 1, and the Defendant Company entered into a performance guarantee insurance contract (hereinafter referred to as “each of the instant insurance contracts”) as shown in the attached Table 2, and, in case of a separate name, as the case may be, “No. 1 insurance contract,” “No. 2 insurance contract,” and “No. 3 insurance contract,” respectively.

Defendant C jointly and severally guaranteed the obligations under each of the above insurance contracts against the Plaintiff of the Defendant Company.

Securities Number Insured Contract Price D E E-sopowered Power Station Services and Construction Contract from March 24, 2015 to November 30, 2015, the FG solar power plant Services and Construction Contract (H) from December 23, 2014 to June 23, 2015, 200,000,000 IJ J J T-powered Power Plants Services and Construction Contract (H) from December 23, 2014 to June 23, 2015 to June 23, 2015.

1. The details of the prime contract: DES 100,000,000 from March 24, 2015 to November 30, 2015, on the date of guaranteeing the coverage period of the subscription to the insurance for the securities number insured, and the date of guaranteeing the coverage period; (b) FG 60,000,000,000 under a construction contract on April 17, 2015 to June 27, 2015; (c) from January 27, 2015 to June 23, 2015, IJ 60,000,000,000,000 for advance payment guarantee on January 27, 2015 to June 23, 2015.

2. Details of guarantee insurance (unit: Won); and

B. Each of the instant insurance contracts is, in the event that the Plaintiff paid the insurance money due to the Defendant Company’s failure to perform its obligations or obligations to E, G or J, the Defendant Company immediately reimburses the amount equivalent to the insurance money that the Plaintiff paid.

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