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(영문) 서울중앙지방법원 2020.06.18 2019가단5157010
보증채무금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the Parties:

The plaintiff is a subcontractor which completed the construction work after receiving a subcontract from the F in the Dispute Settlement Bank Co., Ltd. (hereinafter referred to as the "F") with respect to the Ddong and E-dong Iron Construction Corporation (hereinafter referred to as the "instant construction work"), and the defendant guaranteed the payment of the subcontract price to the plaintiff by F.

On October 8, 2018, the Plaintiff entered into a subcontract with respect to the steel framed Corporation among the instant construction works, and its main contents are as follows.

- Contract amount: 128,150,000 won - Construction period: Commencement on October 8, 2018 / Completion on November 6, 2018 - Payment date of subcontract construction cost: November 15, 2018; the Defendant guaranteed the payment of the said subcontract price to the Plaintiff by the Defendant on the same day, and the main contents are as follows:

- Guarantee amount: 128,150,000 won - Subcontract amount: 128,150,000 won - Performance date: Guarantee period: November 6, 2018: the Plaintiff completed the said subcontracted work from October 8, 2018 to February 4, 2019.

In addition, on October 22, 2018, the Plaintiff entered into a subcontract for the E-dong Steel Corporation among the instant construction and the F and the E-dong Construction, and its main contents are as follows.

- Contract amount: 132,00,000 won - Construction period: Commencement on October 22, 2018 / Completion on November 30, 2018 - Payment date of subcontract construction cost: February 28, 2019; and the Defendant guaranteed the payment of the said subcontract price to the Plaintiff by F on the same day, and the main contents are as follows.

- Amount of security: 107,976,00 won - Subcontract amount: 132,00,000 won - Performance period: November 30, 2018: Guarantee period: From October 22, 2018 to February 28, 2019, the Plaintiff entered into a contract with the F to alter only the completion date of the construction due to the circumstances of the F, and completed all the said construction before and after that.

The plaintiff filed a claim against the defendant for the deposit due to the payment of the subcontract price (a guarantee accident), and the defendant shall make a full payment of KRW 50,150,000, which is the payable amount for the subcontract price for the steel framed Corporation.

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