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(영문) 수원지방법원 2015.11.13 2014가단68361
구상금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 37,707,153 and KRW 37,670,000 among them, from November 7, 2014.

Reasons

1. Basic facts

A. On September 1, 2012, Defendant A Co., Ltd. (hereinafter “Defendant Company”) received a contract (i.e., the construction cost of the PE creative construction from the Shee Construction Co., Ltd. (hereinafter “Shee Construction”) for each of the period until December 31, 2013 (i.e., the construction cost of November 27, 2013; (ii) the construction period of KRW 376,70,000; and (iii) the construction period of the PE creative construction by June 30, 2014) (hereinafter “instant contract”); (iii) according to the terms and conditions of the said contract for construction works and the said special subcontract, it may terminate the instant contract; and (iv) in the event that the instant contract is terminated, the contract performance bond shall be deemed to be reverted to Shee Construction in full.

B. On April 23, 2013, according to the instant contract, the Defendant Company concluded a performance guarantee insurance contract (37,670,000 won on December 6, 2013; the insurance period was changed to June 30, 2014) with the Plaintiff as the insured on April 23, 2013 (hereinafter “instant guarantee contract”). Under the instant guarantee contract and the instant ordinary terms and conditions, where the Plaintiff pays the insurance proceeds due to an insured event neglecting the performance of its duties, the Defendant Company paid the insurance proceeds to the Plaintiff at the rate of late payment as determined by the Plaintiff from the day following the date of payment of the insurance proceeds and the insurance proceeds to December 31, 2013 (the overdue rate is 37,670,000 won, and the insurance proceeds was changed to June 30, 2014). Under the instant guarantee contract and the instant ordinary terms and conditions, the Defendant Company shall pay damages for delay from the date of termination to the date of termination to the date of termination or termination.

C. Defendant B, C, and D guaranteed the Defendant Company’s obligations under the instant guarantee agreement.

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