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(영문) 수원지방법원 2015.06.25 2013가합25012
공사대금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The General Construction Co., Ltd. (hereinafter referred to as the “General Construction Contract”)

(2) On February 16, 2010, the Defendant and the Gangu Urban Planning Road (hereinafter referred to as the “instant construction”) are as follows:

(2) As to the instant contract with respect to the construction cost of KRW 2,573,03,00,000 and the total completion date of construction work of KRW 2,573,038,00 (hereinafter “instant contract”).

(2) The terms and conditions of the instant contract are as follows. The Plaintiff signed a joint and several guarantee contract for green comprehensive construction. (2) The terms and conditions of the instant contract are as follows.

The contract amount of KRW 2,573,038,00 on February 16, 201: the date of completion of the major amendment to the contract date of multiple separate contracts: the contract amount of KRW 2,692,50,000 on October 19, 2010: the date of completion of the first contract on April 18, 201: the contract amount of KRW 1,548,800,000 on February 16, 201: the date of completion of the first contract on June 21, 2010: the contract amount of KRW 348,80,000 on June 16, 201: the date of completion of the first contract on June 31, 2010: the contract amount of KRW 348,80,000 on June 31, 201: the date of completion of the first contract on August 31, 2010;

The Plaintiff’s waiver of construction work and the Plaintiff’s guarantee construction work 1) renounced the instant construction work on June 30, 201, and accordingly, the Defendant notified the Plaintiff of the fact that the Plaintiff participated in the crypty and agreed on the matters to be handed over for joint and several guarantee construction. (2) On October 26, 2011, the Plaintiff signed a guarantee construction agreement with the Defendant, setting the contract amount as KRW 2,984,960,000 with respect to the instant construction work as KRW 1,032,680,000 with respect to the previous construction work as a joint and several surety, and signed a guarantee construction agreement with the effect that the Plaintiff will faithfully perform its obligations as a joint and several surety.

3) On November 8, 2011, the Plaintiff commenced the instant construction work. After that, the Plaintiff and the Defendant entered into a seven-time amendment contract, and the final contract amount is KRW 3,316,373,400 (the first construction work KRW 348,80,000, and the second construction work KRW 2,967,573.

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