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(영문) 광주지방법원 2018.10.25 2016가합54713

계약보증금 청구의 소

Text

1. The Defendant’s KRW 231,374,143 to the Plaintiffs and 6% per annum from June 21, 2016 to October 25, 2018.

Reasons

Basic Facts

With respect to new construction works to be built in the E-high school located in Chungcheongnam-do, Chungcheongnam-do, and Chungcheongnam-do, Chungcheongnam-do, and Chungcheongnam-do, the Plaintiffs are co-contractors, and the shares ratio of Plaintiff A are 51%, and the shares ratio of Plaintiff B Co., Ltd. is 49%. The construction contract was concluded between January 23, 2015 and July 25, 2016, stating that “10,811,131,000 won for the construction cost, and the construction period is 0.1% per day from January 23, 2015 to July 22, 2015, the subcontract agreement was concluded between the FF Co., Ltd. (hereinafter “F”), and the E-high school relocation construction work (hereinafter “instant construction work”). With respect to the subcontractor, F.M., 20, 301, 2030, 401, 205.”

In relation to the instant construction project, the Defendant issued each letter of contract guarantee (hereinafter “instant contract guarantee”) which is “F, the guarantee creditor, the Plaintiffs, the guarantee creditor, and the guarantee period from April 22, 2015 to April 30, 2016,” and “F, the guarantee contractor F, the guarantee creditor, the Plaintiffs, the guarantee period from May 27, 2015 to April 30, 2016,” respectively (hereinafter “instant advance payment guarantee”). The main contents of the instant contract guarantee and the instant advance payment guarantee terms are as follows:

Article 1 (Guarantee Liability) of the Contract Guarantee Clause of this case refers to the defendant of the partnership, and the same shall apply to the same.

I mean the contractor (hereinafter referred to as the "debtor") F, and the same shall apply hereinafter. I mean the subcontract of this case under a contract entered on their front, hereinafter the same shall apply.

In relation to this, the other party (hereinafter referred to as the “Guarantee Creditor”) refers to the plaintiffs due to any cause attributable to him, hereinafter the same shall apply.

Article 56 of the Enforcement Decree of the Framework Act on the Construction Industry.