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(영문) 서울중앙지방법원 2016.07.06 2015가합9979
하도급대금 지급보증금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Korea Construction Technology Corporation Co., Ltd. (hereinafter “Effici comprehensive construction”) was awarded a contract for the construction of a new medical care hospital in Yangyang-ju Medical Foundation from the Multilateral Medical Foundation.

B. From September 18, 2014, the Plaintiff received a subcontract for construction work among the construction works newly constructed in the pertinent convalescent hospital by setting the construction cost of KRW 352,00,000 for the construction work and the construction period from September 19, 2014 for the construction period from September 19, 2014 to December 31, 2014

(hereinafter “instant construction”). Since then, the Plaintiff and effective comprehensive construction agreed on January 6, 2015 to change the construction cost to KRW 396,000,000 and to extend the construction period until February 27, 2015.

C. On January 22, 2015, the integrated construction with the Defendant entered into a payment guarantee contract for subcontract consideration (hereinafter “instant guarantee contract”) with the period from February 27, 2015 to May 28, 2015, setting the warranty amount of KRW 396,00,000,000 for the instant construction cost, and the contract period from February 27, 2015 for the performance of the contract.

Accordingly, the defendant issued a payment guarantee letter to the plaintiff.

Article 1 (Guarantee Responsibility) If a contractor fails to meet the obligation to pay the subcontract consideration for a contract entered on the front side, the Construction Mutual Aid Association shall pay to the other party the obligation (which shall be limited to the obligation within the guarantee period) in accordance with the terms and conditions stated in this Guarantee.

Article 3 (Limits of Performance of Guarantee Obligations) The deposit to be paid by the Union shall be, within the limit of the amount guaranteed as stated in this Guarantee Statement, the amount which is recognized by the standards of Article 7 from among the construction costs incurred by the actual performance of the guarantee creditor from the date of commencing the guarantee period to the date of performing the contract stated in

The main contents of the instant guarantee agreement related to the instant case are as follows.

(hereinafter referred to as “instant terms and conditions”). (e)

The plaintiff filed a claim for the payment of the construction price for the effective comprehensive construction, but the effective comprehensive construction was rejected.

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