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(영문) 서울중앙지방법원 2018.11.16 2014가합501270

보증금

Text

1. The Defendant’s KRW 136,667,429 among the Plaintiff and KRW 17,315,162 among the Plaintiff, shall be KRW 119,352,267.

Reasons

1. Basic facts

A. 1) The Plaintiff, D Co., Ltd, E Co., Ltd, F Co., Ltd, G Co., Ltd, H Co., Ltd., H Co., Ltd., and I Co., Ltd., Ltd., set the share ratio to Plaintiff 40%, D Co., Ltd., E Co., Ltd., E Co., Ltd., F Co., Ltd., G Co., Ltd., Ltd., 10%, and H Co., Ltd., Ltd.

(2) On November 23, 2011, the Intervenor joining the Defendant constituted the instant joint contractors and the Plaintiff and the instant joint contractors as indicated in paragraph (1) of the same Article (hereinafter referred to as the “instant construction”).

As to the construction cost, the subcontract agreement (including value-added tax) stipulated in 1,193,52,678 won for the construction period and from November 23, 201 to November 29, 201 for the construction period (hereinafter “instant contract”).

(3) The Plaintiff and the Intervenor set the contract performance guarantee amount as KRW 119,352,267, which is 10% of the total construction cost, as stated in the terms and conditions of the construction subcontract agreement and the special terms and conditions of the construction work subcontract agreement.

4) The Plaintiff paid to the Intervenor to the Intervenor for the Intervenor 65,643,747 won as advance payment according to the Plaintiff’s share ratio among the total advance payment of the instant construction work (i.e., KRW 60,930,188 value-added tax 4,713,559). (ii) The Defendant entered into a contract for performance guarantee and advance payment guarantee with the Defendant and the Intervenor for the Intervenor for the Intervenor for the Intervenor for the Defendant on December 1, 2011, the Defendant entered into a contract for performance guarantee and a contract for advance payment with the Defendant for the Defendant for the execution guarantee, the guarantee creditor joint contractors of this case, the guarantee creditor amount, KRW 119,352,267, and the guarantee period from November 23, 201 to November 29, 2012, indicated in the content of guarantee and guarantee under Article 56(2) of the Enforcement Decree of the Framework Act on the Construction Industry.