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(영문) 수원지방법원 2015.08.13 2014가단33907
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On May 25, 2012, the Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant Company”) concluded a guarantee insurance limit transaction agreement with the amount of guarantee insurance trading in KRW 2,00,000,000, and the period of limit trading in KRW 2,000,00, May 25, 2012 through May 24, 2013, the insurance period of each guarantee insurance contract was set out as the insurance period from January 1, 201 to December 31, 201, and Defendant B and Defendant C jointly and severally guaranteed the indemnity liability owed by the Defendant Company to the Plaintiff.

B. On March 13, 2013, the Defendant Company entered into a subcontract agreement (hereinafter “instant one contract”) with enzymmetric Engineering Co., Ltd. (hereinafter “ enzymmetric”) with the following content.

The name of the original contract: D subcontracted construction site: The E Period of Construction: from March 13, 2013 to July 31, 2013: the contract amount: 10,000,000 won (including value-added tax).

C. On March 19, 2013, in order to guarantee the payment of the contract bond for the instant construction project, the Defendant Company concluded with the Plaintiff a performance guarantee insurance contract with the insured amount of KRW 11,00,000, and the insurance period of KRW 11,000,00 in order to guarantee the payment of the contract bond for the instant construction project.

On May 2, 2013, the Defendant Company entered into a subcontract construction contract (hereinafter “instant two projects”) with the following terms and conditions between Effa and Effa (hereinafter “instant two projects”).

The name of the original contract: The name of the Dope-dong SDR Electrical Construction Project: The E Construction Period from May 2, 2013 to July 31, 2013: the contract amount: KRW 750,000,000 (where value-added tax is included, value-added tax shall be excluded, KRW 825,00,000).

E. On May 20, 2013, in order to guarantee the payment of the contract bond for the instant two construction works, the Defendant Company becomes effective as the insured; the insured amount is KRW 82,500,000; the insurance period is from May 2, 2013 to September 29, 2013; the performance guarantee insurance contract with the insurance period is from May 2, 2013 to September 29, 2013; the insured is effective to guarantee the return of advance payment for the said construction; the insured amount is KRW 82,50,000; the insurance period is from May 20, 2013 to September 29, 2013.

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