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(영문) 서울중앙지방법원 2015.07.16 2014가단5336474
보험금
Text

1. The Defendant: (a) KRW 10,186,505 for the Plaintiff and KRW 6% per annum from March 31, 2015 to July 16, 2015 for the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff as a party is a construction company that subcontracted the removal of the housing site development project from the Korea Land and Housing Corporation to Es&C Co., Ltd. (hereinafter “Es&C”). The Defendant is a guarantee insurance company that has concluded a guarantee insurance contract related to the removal project with Es&C and issued the performance guarantee insurance policy (contract) to the Plaintiff as the insured.

B. On December 17, 2009, the Plaintiff entered into a guarantee insurance contract related to the Section 1-1 with the contract amount of KRW 489,355,861, the “1-1” removal work (hereinafter “1 project”) among the “1-1 construction work for the development of the housing site development project for the Sin Heungs” (hereinafter “1 construction work”).

On December 23, 2009, AB issued a performance guarantee insurance policy (a contract) with the Defendant’s insurance coverage amounting to 48,935,586 won, and the insurance period from December 17, 2009 to December 31, 2010 (hereinafter “first securities”) with respect to the said subcontract. The said insurance period was changed to December 31, 201 thereafter.

C. On December 17, 2009, the Plaintiff entered into a guarantee insurance contract related to the Section 1-2, the Plaintiff subcontracted the same “1-2” removal work (hereinafter “second-2 removal work”) to HybC as the said seal, and the relevant construction cost was KRW 290,966,284.

On December 23, 2009, AB issued a performance guarantee insurance policy (hereinafter “second-party contract”) with the Defendant’s insurance coverage amounting to KRW 29,096,628, and the insurance period from December 17, 2009 to December 31, 2010 (hereinafter “second-party contract”) with respect to the said subcontract, and the said insurance period was changed to December 31, 201.

Pursuant to each subcontract agreement between the Plaintiff and Es&C, Es&C shall submit to the Plaintiff a performance guarantee of the contract amount equivalent to 10% of the contract amount (Article 7(1)1 of each subcontract agreement, and the extension of the air.)

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