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(영문) 서울중앙지방법원 2017.05.02 2016가단5241655
보증채무금
Text

1. The Defendant shall pay to the Plaintiff KRW 186,81,00 and the interest rate of KRW 15% per annum from October 27, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. A Co., Ltd., B (the trade name was changed to C, which was changed to D; hereinafter “B”), and E Co., Ltd. were awarded contracts for construction of F and ancillary facilities from the Gyeonggi-do Government Office of Education in June 2015 by organizing a joint supply and demand organization.

B. A, etc. entered into a joint supply and demand standard agreement (joint implementation method) around that time, the main contents are as follows.

II.[Co-contractors] The name of the joint contractors, the location of the place of business, and the representatives shall be:

1. Name A: A;

2. Location of principal office: Three stories of Pyeongtaek-si G in Gyeonggi-do.

3. Name of representative: H Article 3 (Members of Joint Contractor) (1) Members of a Joint Contractor shall be as follows:

1. B (representative: I);

2. E (Representative: J) and (2) The representative of a joint subcontractor shall be A.

Article 6 [Liability] Members of a joint supply and demand organization shall be jointly and severally liable for the performance of obligations under the contract to the ordering agency.

[subcontract] Members of a joint contractor shall not subcontract part of the share of expenses without the consent of other members.

Article 9 [Ratio of Investment by Members] (1) The ratio of investment by a joint subcontractor shall be determined as follows:

1. A: 50%,

2. B: 35%,

3. E: 15%.

C. On December 3, 2015, the Plaintiff was awarded a subcontract by setting the construction period of F new construction and appurtenant construction from December 3, 2015 to February 7, 2016, with the construction cost of KRW 570,800,000.

On December 3, 2015, A entered into a contract on the guarantee of subcontract price payment (hereinafter “instant guarantee contract”) between the Defendant and the Defendant for the guarantee of the payment of the contract price to the Plaintiff and the guarantee period of KRW 285,40,000, and the guarantee period from December 3, 2015 to May 7, 2016.

On December 31, 2015, the defendant delivered to the plaintiff a written guarantee for payment of subcontract consideration, and Paragraph 3 of the letter of guarantee is a contract which entered into for the whole joint contractors of the original contract.

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