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(영문) 서울고등법원 2016.12.08 2016나2013398
보증금 청구의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of “civil engineering and construction work business”, etc.

The defendant is a mutual-aid association aimed at promoting the autonomous economic activities and the improvement of economic status of its members by providing necessary guarantees, financing, and mutual-aid services to its members, and thus promoting the sound development of construction business.

B. On October 31, 2014, the Plaintiff entered into a contract for the lease of construction machinery (hereinafter “instant lease contract”) with the following content with the Daegu Development Co., Ltd. (hereinafter “Tcheon Development”).

- Lease period: Two months from October 31, 2014 to December 31, 2014 - Rent: KRW 55,000,00 (including value-added tax) per month; KRW 110,00,000 per month for total two months ( KRW 55,000,000 x 2 months): One navigation and navigation engine (registration number C; hereinafter referred to as “instant construction machinery”): On-site lease site: “B-heading construction works among the five sections (hereinafter referred to as “instant construction works”) executed under contracts from Dongbu Construction Co., Ltd.

C. On November 21, 2014, in order to guarantee the payment under the instant lease agreement with the Plaintiff, the Gohap Development entered into a guarantee agreement with the Defendant (hereinafter “the instant guarantee agreement”) and issued the letter of guarantee stating the following (hereinafter “the letter of guarantee”) to the Plaintiff.

On the back of the letter of guarantee of this case, the terms and conditions of construction machinery rental guarantee (hereinafter “the terms and conditions”) set forth in the scope of the defendant’s liability for guarantee, the plaintiff’s request for performance, exemption clause, etc. are stated.

- Guarantee period: Amount guaranteed from November 21, 2014 to December 31, 2014 - Amount guaranteed: 110,00,000 - Construction machinery rental business name of a guarantee creditor (construction machinery rental business operator under the Construction Machinery Management Act): Name of a stock company (Plaintiff) 0 mechanical owner (name of a juristic person): 0 mechanical owner number: E

D. The Plaintiff on October 2014 pursuant to the instant rental agreement.

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