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(영문) 대구지방법원 2017.08.24 2016가단127296

보증금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a construction company that received a contract for the new construction of the Memorial in 60 weeks from the Korea Culture and Arts Association of the Korea Culture and Arts Association.

B. On April 10, 2014, the Plaintiff subcontracted the part of the instant subcontracted concrete construction work (hereinafter “instant subcontracted construction”) to the Sejong Engineering Co., Ltd. (hereinafter referred to as “three-person”) among the said construction works (hereinafter “instant subcontracted construction”). The main contents are as follows.

Period: Payment of the price of KRW 1,187,291,60 (including value-added tax) from April 18, 2014 to June 30, 2015; payment of the price of KRW 1,187,291,60 (including value-added tax): Payment of KRW 100 million within 15 days after the submission of the letter of advance payment guarantee - Payment of KRW 100 million (including value-added tax): Settlement at 100% of the cash as of the end of the following month after a claim is made at the end of the month; Settlement of advance payment after the receipt of the place of the order: Settlement of advance payment by 10% of the down payment: Settlement of accounts by the following formula

C. On April 10, 2014, the Defendant: (a) concluded a contract for advance payment guarantee with the Plaintiff on June 30, 2014; (b) KRW 100 million for the instant subcontracted project; (c) June 30, 2015; (d) the guarantee period from April 18, 2014 to June 30, 2015; and (e) issued an advance payment guarantee certificate with the Plaintiff as of April 18, 2014.

On April 10, 2014, the Defendant concluded a contract guarantee contract with the Plaintiff from April 10, 2014 to April 30, 2014, with the guarantee amount of KRW 118,729,160 as to the subcontracted project of this case, June 30, 2015, the guarantee period of which was June 30, 2015, from April 10 to August 29, 2014, and the guarantee creditor issued the contract guarantee certificate to the Plaintiff as of April 30, 2014.

E. After receiving an advance payment guarantee, the Plaintiff paid the advance payment of KRW 10 million on May 2, 2014 and KRW 100 million on May 7, 2014.

[Ground] Facts without dispute, entry of Gap 1 through 3 and 9 evidence (including additional number), the purport of the whole pleadings

2. The plaintiff's summary of the plaintiff's assertion is that three persons do not properly pay the wages of field workers and the price of materials and equipment in the construction site, etc., and do not perform their obligations under the subcontract.