beta
(영문) 광주지방법원 2015.10.21 2014가단7952

구상금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 405,326,020 and KRW 400,000 among them, from February 6, 2014 to March 2014.

Reasons

1. Basic facts

A. 1) The Busan Regional Land Management Office of Land, Transport and Maritime Affairs (hereinafter “ Busan Regional Land Management Office”)

F. F. F.D. orders construction of national highways, and on April 13, 2009, South Young Construction Co., Ltd. (hereinafter referred to as “Tyoung Construction”).

(2) On January 28, 201, the Plaintiff’s Intervenor (hereinafter referred to as the “ Intervenor”) was appointed as a joint manager of Southern Construction by the said rehabilitation court on April 28, 2014, with the total construction period fixed from April 15, 2009 to March 20, 2014.

3) On April 17, 2012, the Southern Construction Co., Ltd. (hereinafter referred to as Defendant C) is the Defendant C.

2) Of the above F National Highway construction and national highway construction, the construction of soil and reinforced concrete (hereinafter “instant construction”).

As to the construction cost (including value-added tax) of KRW 8,78,00,000 (including value-added tax) and the subcontract agreement (hereinafter referred to as “instant subcontract agreement”) established from April 17, 2012 to March 20, 2014 with respect to the construction period.

b. The terms and conditions of the subcontract of construction works included in the instant subcontract as well as the terms and conditions of the said subcontract are as follows: < Amended by Presidential Decree No. 20190, Feb. 1, 2006> Article 7 (Execution of Contracts and Guarantee of Payment Payment for Construction Works) ① and Eul (Defendant C refers to the construction in Yong-young), respectively.

(2) The guarantee between A and B under paragraph (1) shall be made in cash or by the delivery of a letter of guarantee under any of the following subparagraphs:

(5) A letter of guarantee issued by the construction mutual aid association, specialized construction mutual aid association, guarantee insurance company, and the credit guarantee fund equivalent thereto;