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(영문) 의정부지방법원고양지원 2017.05.26 2015가단80297
보험금
Text

1. The Defendant shall pay to the Plaintiff KRW 76,00,000 and the interest rate of KRW 15% per annum from July 8, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On June 9, 2014, the Plaintiff entered into a contract on the manufacture of the above assembly units (hereinafter “instant manufacturing contract”) with the Defendant’s assistant intervenor, who was entrusted by D Co., Ltd. (hereinafter “D”) for the production of one OHC assembly unit (hereinafter “OHC assembly unit”) and one ST80 unit (hereinafter “OHC assembly unit”). The Plaintiff and the Defendant’s assistant intervenor entered into a contract on the manufacture of the above assembly units (hereinafter “instant manufacturing contract”), and the main contents are as follows.

The terms and conditions of a contract: A total amount of 190,000,000 won for the installation and operation of an instrument for the process of manufacturing and installing the Symm design of electric control equipment: OHC 1 (the period shall be extended on July 30, 2014 and later on August 30, 2014) and ST80 prefabricated (the period shall be extended on August 30, 2014): 30% (the payment made by the Defendant’s Intervenor after submitting the performance guarantee insurance policy) intermediate payment: 40% (the payment made when the Plaintiff receives the intermediate payment after passing examination from D in the factory of the Plaintiff): 30% (the payment guarantee payment made when the Plaintiff receives the remainder after passing a trial run from D): The Intervenor subscribed to the Defendant’s guarantee insurance and issued the Plaintiff the total amount of the contract deposit and the guarantee bond equivalent to 10% of the advance payment guarantee bond.

In the event that the failure of this contract is judged to cause loss to the plaintiff by delaying construction or delivery in performing this contract, the plaintiff may cancel this contract, and the defendant's assistant intervenor shall compensate the plaintiff for the amount of the down payment.

In order to not delay the payment period of the corporation in progress, the plaintiff may omit a separate demand for performance to the defendant assistant intervenor. In such cases, the defendant assistant intervenor shall be deemed to have received the demand for the performance of the plaintiff.

When this contract is terminated, the full amount of the contract bond corresponding to the penalty shall be reverted to the plaintiff.

The Plaintiff up to the payment period.

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