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(영문) 대구지방법원 2019.01.11 2016가합206523
공제금 지급
Text

1. The Defendant’s KRW 1,575,063,227 as well as 6% per annum from October 1, 2015 to January 11, 2019 as to the Plaintiff.

Reasons

1. Basic facts

A. 1) On September 3, 2014, the Plaintiff newly constructed an officetel on the D’s ground from the Plaintiff Company C on September 3, 2014 (hereinafter “instant construction”).

(2) The Plaintiff and C Co., Ltd. were awarded a contract for construction cost of KRW 45,048,282,180 (including value-added tax) (hereinafter referred to as “instant construction contract”).

(2) Meanwhile, on November 12, 2014, the Plaintiff concluded a mutual aid agreement with the Defendant (hereinafter “instant mutual aid agreement”) that covers losses arising from the instant construction work.

The main contents of the mutual aid agreement of this case are as follows.

(1) Securities No. 30,00,000 won (including an accident of 300,000,000 won): The insured of the Plaintiff: The total amount of deduction fee of 00:0:0 or 24:00 won from October 13, 2014 to August 12, 2017: 7,473,100 won: the name of the Corporation (the name of the workplace) who has subscribed to a security of the object of the instant construction (SI) of the construction (including the name of the workplace) for the amount of 41,252,983,80 won (including the name of the workplace) for the amount of natural disaster of 50,000,000 won (including the cost of removing residues) for each accident of 30,000,000 won for each other 30,000,000 won for each accident and for each construction work of 300,000 won for each accident.

1) The terms and conditions of the mutual aid agreement of this case (hereinafter referred to as the "mutual aid agreement of this case") are as follows: (a) the terms and conditions of the mutual aid agreement of this case (hereinafter referred to as the "mutual aid agreement of this case") are specified in the mutual aid agreement of this case.

- German construction work mutual aid clauses - General Conditions

3. The Insured shall at his own expense take all appropriate preventive measures to prevent loss, damage or liability and shall comply with the reasonable recommendations of the Union.

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