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(영문) 서울중앙지방법원 2017.11.08 2017가단5066820
계약보증금 청구
Text

1. The Defendant shall pay to the Plaintiff KRW 155,083,646 and the interest rate of KRW 15% per annum from April 7, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a secured creditor who entered into a contract for the construction work with G&W F Co., Ltd. (hereinafter “G&W F”), and the Defendant is a corporation established pursuant to the Electric Construction Financial Cooperative Act, which provides various guarantees related to electrical construction to the members who engage in the electrical construction business.

B. The Plaintiff is collectively named as the contract for each of the following three electrical construction works (hereinafter collectively referred to as “each of the instant electric distribution works”).

A) Upon entering into each of the instant contracts, when G&WF fails to perform its contractual obligations without good cause, the contract deposit shall be reverted to the Defendant (Article 8(1) of the General Conditions of the Contract for Construction in the instant Do). (c) G&W entered into each of the instant contracts with the Defendant with respect to the contract deposit for each of the instant contracts, and issued each of the following contract guarantee certificates and granted the Plaintiff. Serial 1 of the instant contract title security period engineer 1 of the instant contract title performance period, the installation work for the first section, section, power distribution line for the first section, 121,616,288 of the instant contract title security period from November 13, 2013 to July 10, 2014; from July 10, 2014 to July 16, 1016, 2014, the instant security period from 20WW15-16 to 12,195,214 to 14.25,205.17.14

Article 1 of the Terms and Conditions stated on the back of each of the above contract guarantees "Electric Contractors' Financial Cooperative" shall be the matters and terms and conditions set out in this Guarantee that the contractor fails to perform its contractual obligations such as construction works on the front of the contract within the warranty period.

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