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(영문) 수원지방법원 2016.04.08 2013가합26053

연대보증금

Text

1. The Defendant’s KRW 19,656,00 for the Plaintiff and KRW 5% per annum from June 12, 2015 to April 8, 2016.

Reasons

1. Basic facts

A. On June 201, the Plaintiff entered into a contract for construction works with the non-party company B (hereinafter referred to as “non-party company”) and the Dobong-gu Seoul Metropolitan Government building C (hereinafter referred to as “instant building”) (hereinafter referred to as “instant construction works”) on the construction cost of KRW 6,950,887,50 (excluding value-added tax), September 1, 201 of the commencement date, and 20 months from the commencement date of the scheduled completion date of construction works, and entered into a contract for construction works with the non-party company’s construction cost of KRW 7,253,10,000 (excluding value-added tax), September 19, 201, and September 19, 2011 of the commencement date of the scheduled completion date of construction works.

(hereinafter “instant contract”). (b)

On August 23, 2011, the Defendant, the representative director of the non-party company and the non-party company, prepared and issued to the Plaintiff a performance guarantee certificate of construction contract to the effect that “the non-party company and the defendant, the guarantor of the non-party company and the non-party company, should not submit a contract execution insurance policy in consultation with the Plaintiff regarding the performance guarantee of the contract for the non-party company on July 2011, jointly and severally, guarantee the contract between the Plaintiff and the non-party company, and if losses are incurred to the Plaintiff due to all causes attributable to the non-party company’s intent or negligence, the non-party company and the defendant,

(hereinafter referred to as the "Performance Bond of this case". (c)

Since the construction of this case was not carried out smoothly, the plaintiff and the non-party company entered into an agreement with the following terms (hereinafter referred to as the "agreement of this case") on March 8, 2013, and changed the construction period to August 31, 2013: the contract of this case to 7,797,350,000 (value-added tax separate) and the contract of this case to 7,797,350,000 (value-Added Tax): the plaintiff and the non-party company: the purpose of this agreement of Article 1 (Purpose of the Agreement) is to suspend new construction at the new construction site of this case from February 13, 2013.