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(영문) 서울고등법원 2015.08.19 2014나2017051
보험금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. The reasons for this part of the underlying facts are stated in Paragraph 1 of the judgment of the first instance except for addition or dismissal as follows:

(The main sentence of Article 420 of the Civil Procedure Act) The scope of duties and the cost-bearing of Section B shall be as follows:

1.Securing ownership in the project site (including entry roads);

7. The obligation to repay the principal and interest of PF loans is added from the Bank of Korea (hereinafter “Korea Bank”), with the reduction added “B”, and the 15th line is added to “PF loans,” and the 15th line is changed to “PF loans.” Following the 4th line 6th line, the supplementary intervenor obtained from 2008 apartment total 245 households out of 299 households with intermediate payment loans in the name of its employees and made the construction work with the financial resources for the loans. However, the supplementary intervenor was entering into the workplace (Workoutoutout and corporate restructuring) due to financial difficulties on April 209.

In addition, “The supplementary intervenor suspended construction around the end of October 201,” following the 6th 13th 13th 201, B claimed performance guarantee insurance against the Defendant on June 27, 201 of the supplementary intervenor’s termination of the contract due to non-performance of construction works, but B claimed performance guarantee insurance against the Defendant on May 27, 2011. However, since the PF loan obligation to be repaid exceeds the performance guarantee insurance, it is impossible to repay the PF loan due to its own ability, the supplementary intervenor’s request for extension of construction period was accepted and the plan was discussed to continue construction of the instant building.

B and the Intervenor requested the Defendant to extend the insurance period on the grounds of an agreement such as extension of the period of construction, the Defendant requested the cancellation of the previous B’s claim for insurance proceeds.

B revoked the claim on August 26, 201, which was after the agreement of August 23, 2011.

In addition, “........... the Intervenor B and the assistant intervenor agree again on the 13th following.

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