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(영문) 서울중앙지방법원 2017.06.09 2016가합1064
보증금
Text

1. The Defendant’s KRW 469,096,100 to the Plaintiffs and 6% per annum from November 15, 2015 to June 9, 2017.

Reasons

1. Basic facts

A. Conclusion of a subcontract agreement for construction works between the Plaintiffs and ENC Co., Ltd. (hereinafter “Plaintiff Substitute Ship Construction”), Plaintiff Substitute Ship Construction Co., Ltd. (hereinafter “Plaintiff Substitute Ship Construction”).

2) The Plaintiff 1 and the Plaintiff 1 et al. (hereinafter “Plaintiff 1”)

(3) The construction work for the improvement of the Gan-si Intersection is jointly awarded by the Gan-si (hereinafter referred to as “instant prime contract”).

(C) On August 6, 2012, calculated C&C Co., Ltd. (hereinafter “Calculation C&C”)

As between the above, the earth and the structure improvement works (hereinafter “the earth and structure works” and “the structure works of this case”) among the construction works for the above Anniver intersection improvement works (hereinafter “the construction works of this case”) and the “each subcontracted works of this case” are referred to as “the aforementioned construction works.”

(2) The construction cost of the land and structures of this case shall be KRW 3,689,400,000 (including value-added tax; hereinafter the same shall apply), respectively, at the time of concluding the first contract.

) The construction period was KRW 7,024,600,000. The construction period was from August 6, 2012 to December 20, 2012 (hereinafter referred to as the “instant subcontractor subcontract,” including both three changes, and “the instant building construction subcontract,” and “each of the instant subcontract,” referring to the said contracts.

(2) The contents of the subcontract agreement attached to each of the instant agreements (hereinafter “instant subcontract agreement”) are as follows.

Article 7 (Execution of Contracts and Guarantee for Payment of Construction Costs) (1) and B of the Standard Subcontract Form for Construction Business (Form of this Agreement) shall guarantee each other the execution of contracts and the payment of construction costs by the following methods:

(3) The guarantee between A and B under paragraph (1) shall be made in cash or by the delivery of a guarantee certificate under any of the following subparagraphs, but shall be immediately notified to the other party when a change in the guarantee contract or the termination thereof:

1. The Construction Mutual Aid Association;

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