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(영문) 서울중앙지방법원 2020.07.08 2019가단5233891

구상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

. C. In receiving a warranty for the repair of defects corresponding to the whole or a part of the contract amount, the guarantee limit shall be divided in accordance with the following guaranteed amount:

2.In the event that a member of a joint contractor has paid a security deposit to the guarantee creditor due to a failure to perform all the duties in connection with the contract, the principal contractor shall pay the security deposit, and in the event that the other constructor has completed the construction by having the other constructor guarantee, the joint contractor shall bear all the expenses paid by the partnership for such performance jointly and severally without any objection, and shall submit a letter of objection to the joint contractor shall be affixed jointly and severally

(h) Future construction name (business name): D contract amount: Guarantee creditor: the total guarantee amount of the Korea National Housing Corporation: 912,367,650 won: the guarantee limit of guarantee amount of the joint contractor C912,367,650 won; A0 won A0 won A0 per week* 1.1.

4. The amount of the joint and several liability shall be stated in the case of a method of joint performance, on the total amount of guarantee (the amount guaranteed according to the application for guarantee), and if the portion of performance is issued by non-members according to the method of joint performance, on the corresponding amount of performance

On October 17, 2003, the Plaintiff and C received an increase in the contract price of KRW 905,827,000 from the ordering person, and requested the Defendant to issue an additional certificate of defect assurance. The Defendant also submitted a letter of joint and several performance with the Plaintiff’s seal affixed and issued a defective warranty certificate.

The defendant has operated the "one-person guarantee issuance system" which is issued in a lump sum by a member of a joint contract corporation to the equity shares of other members or a guarantee certificate for the construction portion.

The Defendant registered the Plaintiff as a joint performance obligor regarding the instant guarantee agreement.

4.