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(영문) 서울중앙지방법원 2015.11.04 2015가합534987

보증금 청구의 소

Text

1. The plaintiff's lawsuit against Defendant Specialized Construction Mutual Aid Association shall be dismissed.

2. Defendant Construction Financial Cooperative is the Plaintiff on 129.

Reasons

1. Facts of recognition;

A. The Plaintiff constituted a joint supply and demand organization with the method of joint performance (hereinafter “joint supply and demand organization”) around 2003 with respect to the construction of filial piety Co., Ltd. (hereinafter “ enzym construction”) (hereinafter “instant joint supply and demand organization”) and set the ratio of its investment at 12% and 88% of the construction of enzymar. as the representative of joint supply

B. On June 23, 2003, the instant joint supply and demand of the Korea Land and Housing Corporation (former title: the Korea Land and Housing Corporation) for the construction of roads (second section) between the East Babbs (hereinafter “instant construction”) from the Korea Land and Housing Corporation (former title: the Korea Land and Housing Corporation), and the construction of the instant construction was commenced on June 30, 2003 and completed on December 29, 2005.

C. On January 26, 2006, the Plaintiff issued to the Korea Land and Housing Corporation a warranty bond of 105,834,000 won in the amount guaranteed for the tunnel bridge construction among the instant construction works, the guarantee creditor, the Korea Land and Housing Corporation, the guarantee creditor from January 13, 2006 to March 12, 2016, the construction executor, and the construction executor from the Defendant Mutual Aid Association, with the guarantee amount of 631,532,00 won in the amount guaranteed for the tunnel construction among the instant construction works, and the guarantee period from January 13, 2006 to March 12, 2016, respectively.

Since then, as the management entity of the road completed by the construction of this case has changed to the permissible time, the defendant union issued each warranty bond of each of the above warranty bonds to the permissible time on November 12, 2007.

On the other hand, on February 27, 2004, a joint contractor of this case subcontracted the construction of reinforced concrete among the construction of this case to Filiwon Development Co., Ltd. (hereinafter “Filiwon Development”), and Filiwon Development Co., Ltd. (hereinafter “Defendant Special Construction Co., Ltd.”) from Defendant Specialized Construction Co., Ltd. (hereinafter “Defendant Special Co., Ltd.”) around February 2006, the guaranteed amount for the construction of reinforced concrete among the construction of this case is 278,042,521.