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(영문) 광주지방법원 2015.04.09 2013가합56299

보증금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The conclusion of the instant first construction contract and the Defendant’s non-guaranteed notice 1) Plaintiff D Co., Ltd. (the trade name before the change on April 1, 2013): The Plaintiff did not distinguish before and after the change (hereinafter “D”) and did not distinction before and after the change.

(A) On July 2, 2012, Nonparty A Co., Ltd. (hereinafter referred to as “A”)

3) As to the instant nine unit construction works among the C-built construction works located in Jinhae-si, Changwon-si B (hereinafter “instant nine unit construction works”).

) The contract amount of KRW 3,932,700,000 and the construction period from July 2, 2012 to October 31, 2014 are subcontracted. “D-built construction works” in B (hereinafter “instant 10 unit construction works”).

(1) The first construction contract in the instant case is the contract amount of KRW 4,802,700,000, and the period of construction from July 2, 2012 to October 31, 2014 (hereinafter “the subcontract”).

(2) A applied for a contract guarantee based on the total contract amount of KRW 8,735,400,000 in the instant first construction contract, but the Defendant notified the Defendant that the guarantee was not available due to the limit of guarantee of A.

B. On March 29, 2012, A’s management difficulties A’s execution of the said subcontract due to the failure to pay labor and material costs due to the shortage of funds, among the construction sections 1 EE construction works, from the Non-Party Jinman Comprehensive Construction Co., Ltd. (hereinafter “Jin Comprehensive Construction”), etc., which were subcontracted to the said construction works, caused interference with the execution of the said construction works as stipulated by the terms of the parts of the said body. On December 26, 2012, A was notified of the termination of the said subcontract from the Jinman General Construction Co., Ltd. on the other hand, on June 1, 2012, the said subcontract was interrupted due to the failure to manage the supply and demand of wages, personnel, and on-site management, and thus, A was subject to notification from the said company on November 20, 2012.

C. The conclusion of the instant secondary construction contract and the issuance of the Defendant’s written contract guarantee on October 2012