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(영문) 서울중앙지방법원 2018.05.30 2017가단5106445

보증금 청구의 소

Text

1. The Defendant’s KRW 8,438,413 as well as the Plaintiff’s annual rate of 5% from June 6, 2017 to May 30, 2018, and the following.

Reasons

1. Facts of recognition;

A. On March 7, 2013, a stock company C (hereinafter, from the second entry, omitted) concluded a contract with the E Co., Ltd. for the construction of an officetel building on the 14,300,000,000 construction cost and the construction period from April 1, 2013 to March 31, 2015, in order to conduct the business of constructing and selling an officetel building on the 1,115.7 square meters of Daegu Suwon-gu D, Daegu-gu.

(hereinafter referred to as the “instant contract”). On the other hand, F Co., Ltd. succeeded to C’s status under the instant contract in accordance with the sale-type land trust agreement concluded between C, E, G, H, etc. on March 2013.

B. On July 21, 2014, E subcontracted part of the instant contracted construction to the Plaintiff, setting the construction price of KRW 282,700,000 (including value-added tax) and the construction period from July 21, 2014 to May 31, 2015.

(hereinafter referred to as the “instant subcontract”) c.

During the period from November 13, 2014 and November 1, 2014 to August 29, 2015, the Defendant agreed to guarantee the payment of KRW 144,016,980 out of the construction cost that E shall pay to the Plaintiff due to the instant subcontracted project (hereinafter “instant payment guarantee”), and issued a payment guarantee certificate to the Plaintiff.

The main contents of the terms and conditions applicable to the instant payment guarantee are as follows.

Article 1 (Liability for Guarantee) If E fails to meet the obligation to pay the subcontract consideration of this case, the Defendant shall pay to the Plaintiff the obligation (limited to the obligation whose payment date is within the guarantee period) in accordance with the matters and terms and conditions set out in this guarantee document.

Article 3 (Limits of Performance of Guaranteed Obligations) The security deposit to be paid by the defendant shall be limited to the amount guaranteed under this Guarantee, and shall be in accordance with the criteria of Article 7 from among the amounts of the construction works actually incurred by the plaintiff's execution to the date of performance of the contract stated in the front Guarantee