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(영문) 서울중앙지방법원 2016.06.14 2015가단5026132
구상금
Text

1. Defendant A Co., Ltd and B jointly and severally with the Plaintiff KRW 132,00,000,000 and the aforementioned amount shall be from December 11, 2014 to January 9, 2015.

Reasons

1. Facts of recognition;

A. Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a contract for construction (hereinafter “instant subcontract”) that receives a subcontract for waterproof construction work for KRW 1,32,000,000 for the cost of construction of D apartment units with two (2) and shee Construction Co., Ltd. (hereinafter “Shee Construction”).

B. On October 1, 2013, Defendant A entered into a guarantee insurance contract (a contract) with the Plaintiff and the insurance coverage amounting to KRW 132 million and the insurance coverage period from September 12, 2013 to December 31, 2014 (hereinafter “instant guarantee insurance contract”).

According to the above contract, where insurance proceeds are paid upon occurrence of an insurance accident, Defendant A shall immediately compensate the Plaintiff for the insurance proceeds, but if delayed payment, Defendant A shall pay damages for delay at the rate determined by the Plaintiff (6% per annum from the date following the date of payment of insurance proceeds to 30 days, 9% per annum from the next day to the 90 days, and 15% per annum

Defendant B guaranteed Defendant A’s obligation to the Plaintiff.

C. Shee Construction terminated the instant subcontract on the grounds of Defendant A’s nonperformance of the instant subcontract, and on October 21, 2014, claimed the Plaintiff to pay the insurance proceeds.

On December 10, 2014, the Plaintiff paid insurance money of KRW 132 million to Shee Construction.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 10 (including virtual number, but excluding Gap evidence 2-4, 3-3, 4) and the purport of the whole pleadings

2. According to the facts of recognition as to the claim against Defendant A, and B, Defendant A and B jointly and severally paid to the Plaintiff KRW 132 million to the Plaintiff, and pursuant to an agreement with the Plaintiff, 6% per annum from December 11, 2014 to January 9, 2015, which is the following day after the payment of insurance proceeds, and as requested by the Plaintiff, the duplicate of the instant complaint was served on the said Defendants on September 1, 2015, as sought by the Plaintiff.

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