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(영문) 서울고등법원 2018.08.14 2017나2036947
채무부존재확인
Text

1. The judgment of the court of first instance is modified as follows.

The plaintiff's list against the defendant is recorded in the attached list.

Reasons

1. Facts of recognition;

A. On August 12, 201, the Korea Institute of Marine Research, which entered into a contract for a construction project, was a contractor (the Plaintiff was changed to Samup Construction Co., Ltd. on December 23, 2016, and its trade name was changed to the Plaintiff on December 26, 2017) and the following construction title of the construction project: 500kW water testing and blasting power plants (the price 37.0m x 31.2m x 37.5m x 27.5m x 27.5m x 16m in height): The construction period at 16m in front of the water repair front at the Jeju city: from August 18, 2011 to August 17, 2012 (the changed contract amount to April 18, 2013): the contract deposit was changed to KRW 7,222,208,208 (the contract bond).

(B) The supplementary intervenor succeeded to the status of the above construction contract of the Korea Maritime Research Institute.

On August 11, 2011, the Defendant entered into a guarantee loan transaction agreement with the Plaintiff with the following terms and conditions. Article 7 (Liability, Compensation, etc. for Obligations) of the former 766,284,000,000 (Transaction Limit) of the transaction ceiling on the portion of the Plaintiff was issued by the contractor pursuant to the said guarantee transaction agreement (including securities transaction tax paid by the partnership at the time of disposal of the acquired investment certificate). (2) Under the said guarantee transaction agreement, the Defendant issued, at the Plaintiff’s request, a performance bond (hereinafter referred to as the “performance bond agreement”) with the content that the Defendant is liable for a guarantee liability pursuant to the “performance bond” attached to the Defendant’s Intervenor’s Intervenor’s Intervenor’s performance bond (hereinafter “performance bond agreement”) under Article 2 (Liability, Compensation, etc. for Obligations).

C. The amount of inspection of completed construction work (won) paid as the first time 4,794,90,000 1,438,470,000 on the second time 876,000.

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