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(영문) 광주지방법원 2015.07.16 2014가합54399
보증채무금
Text

1 The defendant's KRW 480,747,977 and its relation to the plaintiff shall be 5% per annum from March 24, 2014 to July 16, 2015.

Reasons

1. Basic facts

A. On December 14, 2012, the Plaintiff, after being awarded a contract with the Korea Environment Corporation for C, held the site site consultation conference against a participant company, such as D Co., Ltd. (hereinafter “D”) in order to conclude a subcontract on the second part of the said construction works.

B. On December 27, 2012, the Plaintiff selected D as a successful bidder by stating the minimum unit price as a subcontractor. On January 14, 2013, the Plaintiff entered into a subcontract construction contract with D (hereinafter “instant contract”).

The contents of the instant contract: The name of the prime contractor for the Environmental Management Corporation: C: The contract amount from January 14, 2013 to October 31, 2013: 5,791,500,000 won - the value of supply: 5,265,00,000 won (labor cost: 1,970,820,410 won): Value-added tax: 526,50,000 won: 10% of the contract amount (579,150,000 won): 3% (3% of the contract amount: 0.1% of the penalty for delay:

C. On January 22, 2013, D issued the following contract guarantee to the Plaintiff, instead of paying the contract bond.

The name of contract guarantee contract: E Guarantee amount of KRW 579,150,000: The guarantee period of KRW 579,150,000: From January 14, 2013 to October 31, 2013: The secured creditor: the Plaintiff.

D. On February 20, 2013, the start of construction work of D, and the Plaintiff, on February 20, 2013, held D/C meetings, and the main contents are as follows.

On February 20, 2013, the date of commencement of construction works for which the Countermeasure Committee has failed to prepare construction: The General Management Expenses, etc. additionally incurred due to the delay in construction work by two employees of each construction section located in the Southern Site ( March 1, 2013), Gwangju Site ( March 7, 2013), and the Southern Site ( March 14, 2013), shall, as much as possible, be established on the spot offices of each construction section, the security of material and materials site, and the demand for the selection of private sand stations on the holidays as possible.

E. On March 11, 2013, the Plaintiff notified D of termination of the contract.

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