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(영문) 부산고등법원(창원) 2015.08.20 2014나22843
보증금반환
Text

1. Of the judgment of the court of first instance, KRW 133,415,578 against the Plaintiff and its related thereto from March 7, 2013 to August 20, 2015 against the Defendant.

Reasons

1. Facts of recognition;

A. On June 7, 2012, the Plaintiff entered into a contract with SP Construction Co., Ltd. (hereinafter “SAD Construction”) with the contract amount of KRW 2,402,372,00 (i.e., the contract amount was increased to KRW 3,245,765,000), and (ii) the construction period from June 12 to December 11, 2012 (the construction period was extended to February 8, 2013) (hereinafter “instant contract”).

B. On June 7, 2012, the Defendant’s letter of guarantee for advance payment and the Plaintiff’s advance payment 1) EAD Construction increased the amount of security deposit to KRW 1,174,767,000 between the Defendant and the Defendant (the amount of security deposit thereafter increased to KRW 1,180,526,000 in order to guarantee the Plaintiff’s performance of the obligation to return advance payment.

(B) From June 14, 2012 to February 9, 2013, the guarantee period was extended on April 9, 2013.

(1) The advance payment guarantee agreement (hereinafter referred to as “instant advance payment guarantee agreement”) shall be set forth.

(2) The main contents of the instant advance payment guarantee agreement are as follows.

Article 1 (Guarantee Responsibility) The Construction Mutual Aid Association (hereinafter referred to as the "Association") shall pay to policyholders (hereinafter referred to as the "debtors") obligations related to the front agreement (hereinafter referred to as the "Guarantees") due to the failure of the other party (hereinafter referred to as the "Guarantees") to meet the obligation related to the pre-paid contract (hereinafter referred to as the "debtors") within the warranty period (hereinafter referred to as the "Guarantees").

Article 3 (Limits of Performance of Guaranteed Obligations) The deposit to be performed by the Union shall be the amount equivalent to the advance amount to be returned to the obligor to the guaranty creditor within the scope of the amount guaranteed stated in this letter of performance.

(b)in this case.

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