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(영문) 제주지방법원 2015.11.13 2015가단51226
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

(a) The name of the waste service contract between the Plaintiff and the Intervenor joining the Defendant: The contract price for the waste disposal service of the C Sewage culvert Maintenance Work (section 3 and Section 4): 197,761,000 won: 254,092,00 won: the contract price of KRW 3: Section 3: 39,552,200: Section 4: 50,818,400: the service period of KRW 50,818,40: from May 24, 2010 to May 18, 2011; the name of the Water Resources Headquarters and the original name of the Water and Wastewater Works Headquarters were changed to the name as of January 8, 2011.

On May 18, 2010, the Intervenor joining the Defendant (the first trade name was “B”) was changed to the trade name as of December 13, 2010.

“Supplementary Intervenor” is referred to as “Supplementary Intervenor.”

B) As between the Plaintiff and the Intervenor, each contract was concluded between the Plaintiff and the Intervenor to contract waste treatment services with the following content (hereinafter “instant contract”).

(1) A person who intends to enter into a contract shall pay a contract bond, such as a cash or a letter of guarantee prescribed in Article 37 (2) of the Enforcement Decree by the date of entering into the contract, as prescribed in Article 50 of the Enforcement Decree. Article 9 (Disposition of Contract Bond) (1) If the other party to the contract fails to perform contractual obligations without justifiable grounds, the contract bond shall revert to the National Treasury. (4) If the contract bond is reverted to the National Treasury under paragraphs (1) and (2), the contract bond shall not be offset against an amount payable: Provided, That if a person is fully or partially exempted from the contract bond, the contract bond and the amount payable for the completed portion may be offset against the contract bond reverted to the National Treasury:

5. The acceptance of a bribe during the performance of a contract.

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