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1. The Defendant’s KRW 90,000,000 for the Plaintiff and the following: 2.6% per annum from April 11, 2014 to December 22, 2015.
Reasons
1. Basic facts
A. On April 1, 2011, the Plaintiff entered into a basic contract for construction subcontract (hereinafter “instant subcontract”) with the Defendant Intervenor A Co., Ltd. (hereinafter “Defendant Intervenor A”) to continuously subcontract hull block assembly, etc. with the Defendant Intervenor Intervenor Co., Ltd., which is an intra-company subcontractor. However, the Plaintiff entered into a contract with the Defendant Intervenor Co., Ltd. to partially modify the basic contract based on the individual contract for construction subcontract, order order, etc. for each work subcontracted.
B. On July 5, 2013, between the Defendant and the insured, the Defendant’s Intervenor and the insurance period from July 5, 2013 to July 4, 2014, the Defendant’s Intervenor entered into a performance guarantee insurance contract (hereinafter “instant performance guarantee insurance contract”) with the content of the guarantee as KRW 90,000,00,00 for in-house partner company’s damages guarantee, and the guaranteed amount as stipulated under the instant subcontract under the instant subcontract. The instant guarantee insurance contract also includes a joint and several guarantee for the Defendant’s employees who participated in the instant subcontract. Article 6 of the instant general terms and conditions of the instant performance guarantee insurance contract (hereinafter “instant terms and conditions”). Article 7(1) of the instant general terms and conditions (hereinafter “instant terms and conditions”) provides that “I (the Defendant) fails to perform the obligation stipulated in the insurance policy, thereby compensating the obligee’s insured (Plaintiff) for damages in accordance with the terms and conditions stated in the insurance policy,” and “I shall pay the amount of insurance proceeds in the instant contract.”
C. The Defendant’s Intervenor did not pay wages to the employees who performed duties under the instant subcontract agreement in September and October 2013, and the said employees rejected work on the ground that wages were not paid from October 18, 2013 to October 22, 2013.
Article 4. The Subcontract of this case