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(영문) 서울중앙지방법원 2019.09.27 2018가합534483

보증금

Text

1. The Defendant’s KRW 149,326,39 as well as the Plaintiff’s annual rate of KRW 6% from May 4, 2018 to September 27, 2019, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a party. (1) The Plaintiff organized a joint contractor with the construction companies as listed in the following (2) and planned to extend the four-lanes of the C local highway (hereinafter “C”) and the malves for the bid at D first, but the name was changed to D later.

The phase 2 E Tools Civil Works (hereinafter referred to as “F Works”), ③ Construction Works for the expansion of sewerage facilities in G upstream (hereinafter referred to as “G”), and ④ Construction Works for the 12 H power plant (hereinafter referred to as “H power plant construction”) are each contracted.

2) The Defendant is only the I Co., Ltd. (hereinafter “I”) that forms a joint supply and demand organization with the Plaintiff and the Plaintiff regarding each of the above construction works.

) The J Co., Ltd. (hereinafter referred to as “J”) is the only one.

) K Co., Ltd. (hereinafter “K”)

) L Co., Ltd. (hereinafter referred to as “L”)

(2) The company that guarantees the obligation to repair defects in relation to each of the above projects. (b) The Plaintiff formed a joint supply and demand organization with the representative company of the Plaintiff as listed below and entered into a contract with each of the project owners. The date of concluding the contract / the date of concluding the contract / the Plaintiff’s joint supply and demand organization (including value-added tax) with the multiple companies in relation to each of the above contracts. However, the Plaintiff, as a member of the joint supply and demand organization (including value-added tax), with regard to the above contracts, shall be stated only in the share ratio of I, J, K, and L related to the instant case. 1 N Business C on December 29, 2003 / 57,23,000,000 (40%), I (20%) 20, 305, 95,400,000,000 won, 30,0000 won (34%, 20,0000, 364%, 296%,

C. On April 24, 2009, the Defendant entered into each of the instant guarantee contracts, with respect to C Corporation between I and J around March 31, 201, and as to F Corporation between J and J around March 31, 201.