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(영문) 서울중앙지방법원 2016.08.31 2015가합4875
보증금
Text

1. The Defendant’s KRW 25,200,000 as well as its annual 6% from July 15, 2014 to August 31, 2016 to the Plaintiff.

Reasons

1. Basic facts

가. 원고는 토목건축공사업 등을 위하여 설립된 법인이고, 피고는 조합원에게 필요한 보증과 자금의 융자 및 공제사업 등을 행함으로서 조합원의 자주적인 경제활동과 경제적 지위 향상을 도모하여 건설업의 건전한 발전을 기함을 목적으로 설립된 법인이다.

B. On October 8, 2012, the Plaintiff contracted with the Korea Water Resources Corporation for the construction work of introducing the Cloud Water Treatment Process (hereinafter “Cloud Water Treatment Contract”), under which the Plaintiff entered into a contract with the Clouds Co., Ltd. (hereinafter “Clouds”) to subcontract the construction work price of KRW 2,463,319,10 (including value-added tax) and the construction period from October 8, 2012 to July 24, 2014 (hereinafter “Clouds”).

In addition, on October 8, 2013, a contract was concluded to change the construction cost of the said subcontract to KRW 2,772,00,000 (including value-added tax) (hereinafter “instant subcontract”).

The parts related to the instant case among the instant subcontract are as follows.

[Terms and Conditions of Construction Contract] Article 7 (Execution of Contract and Guarantee for Payment of Contract Price) (1) The plaintiff and island crew guarantee each other for the execution of contract and the payment of contract price in any of the following manners:

1. The method of guaranteeing the plaintiff to perform the contract equivalent to 10% of the contract amount. (3) The guarantee between the plaintiff and the island members under paragraph (1) shall be made in cash or by the delivery of a letter of guarantee falling under any of the following subparagraphs, but shall be immediately notified to the other party when the contract of guarantee is modified or terminated:

1. A letter of guarantee issued by the construction mutual aid association, specialized construction mutual aid association, guarantee insurance company, and guarantee agency equivalent thereto, such as the Credit Guarantee Fund.

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