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(영문) 서울중앙지방법원 2016.10.12 2016가합515228

보증금 청구의 소

Text

1. The Defendant’s KRW 244,44,40 for the Plaintiff and KRW 6% per annum from March 7, 2015 to March 31, 2016.

Reasons

1. Basic facts

A. On March 2013, the Plaintiff entered into a sale-type land trust agreement (hereinafter “instant trust agreement”) with the trustor, the trustee, the trust company, the trust company, and the trust company (hereinafter “other construction”) on the ground of the Daegu Suwon-gu land (hereinafter “instant construction”). The Plaintiff entered into a sale-type land trust agreement (hereinafter “instant trust agreement”).

B. On April 17, 2013, the Plaintiff entered into a contract on succession to the construction contract with a development range that succeeds to the status of a construction contractor who is a construction contractor.

C. On the other hand, on June 25, 2014, as for the instant construction project, it subcontracted the construction cost of KRW 924,000,000 to Han L&C Co., Ltd. (hereinafter “Korea L&C”).

On October 15, 2014, the construction of a contract between the Defendant and the Defendant entered into a subcontract payment guarantee agreement with the guarantee creditor with respect to the subcontracted construction in the instant case (hereinafter “instant subcontract guarantee agreement”) from October 1, 2014 to August 29, 2015, and deliver a written subcontract payment guarantee issued by the Defendant to Korea.

E. The relevant provisions of the terms and conditions of guarantee applicable to the instant guarantee agreement (hereinafter “instant guarantee agreement”) are as follows.

Article 1 (Guarantee Responsibility) The Construction Mutual Aid Association (hereinafter referred to as the "Association") shall pay to the other party (hereinafter referred to as the "Guarantee Claim") (hereinafter referred to as the "Guarantee Claim") any obligation (the payment date is limited to the obligation within the Guarantee Period) that the contractor (hereinafter referred to as the "debtor") has failed to meet the obligation to pay the subcontract price of the front contract (hereinafter referred to as the "debtor") in accordance with the terms and conditions of this Guarantee.

Article 3 (Limits on Discharge of Guaranteed Obligations)