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(영문) 광주지방법원 2016.12.22 2014가합57312
청구이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of housing construction and the sale and supply business, and the Plaintiff entered into a guarantee agreement with the Defendants. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a business entity and a contractor of G block (1601-4 Dong), H block (1501-4 Dong Dong) (hereinafter “G and H block”) among “F apartment (hereinafter “instant apartment”) constructed in Sejong Special Self-Governing City”) E living zone in Sejong Special Self-Governing City (hereinafter “ Sejong Special Self-Governing City”), 8 units of G block (1601-4 Dong), and 330 units of H block (hereinafter “one unit”) among the instant apartment units, and Defendant C Co., Ltd (hereinafter “Defendant C”) is a subsidiary company of Defendant B.

B. The Defendants, who purchased each block from the Korea Land and Housing Corporation, and purchased each block land from the Korea Land and Housing Corporation, and commenced the instant new apartment construction project from November 2, 2012 to November 30, 2014 with the aim of obtaining approval of the business plan of the Multifunctional Administrative City Construction Agency (hereinafter “Happiness”) on September 24, 2012, and offered a competitive bid on the instant apartment construction project among the said construction works (hereinafter “instant construction works”), and offered a bid at the lowest price (14,90,000,000 won) on January 31, 2013 (hereinafter “K”) and the construction price plus the subcontract price for the instant construction project (hereinafter “the subcontract of this case”) with the aggregate amount of 14,939,000,000,000, and the subcontract of this case from January 31, 2013 to October 30, 2013 (hereinafter “the subcontract of this case”).

A. The contract of this case was concluded, and the main contents of the subcontract of this case are as shown in attached Form 1.

C. On February 4, 2013, the Plaintiff entered into a guarantee agreement with the Defendants on February 4, 2013, the term “the guarantee agreement of KRW 2,987,800,000 with respect to the instant subcontract” (hereinafter referred to as “the Plaintiff’s apartment”).

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