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(영문) 서울중앙지방법원 2018.04.26 2017가합551689
보증채무금
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) On March 10, 2016, the Plaintiff entered into the instant subcontract (hereinafter “instant prime contract”) with the “water Supply Facilities Corporation for the 2nd Industrial Complex, Songsan-si, the order-holder of the instant subcontract” (hereinafter “the instant prime contract”).

(2) From March 7, 2016 to September 26, 2017, the Plaintiff entered into a subcontract for construction works with the terms and conditions that the remaining part of the construction works was contracted with the construction cost of 4,273,325,000 won, and the construction period of 7,000 to September 23, 2017. (2) As between May 23, 2016, the Plaintiff entered into a subcontract for construction works with the construction cost of 1,759,989,00 won (including 765,589,000 won (including value-added tax), and the construction period of 765,589,000 won (including 794,40,000 won (including 765,589,000 won) and the construction period of 23, 2016 to September 26, 2017 (hereinafter “instant subcontract”).

B. On June 2, 2016, the Defendant made an advance payment guarantee agreement with the Defendant and the Plaintiff’s advance payment 1) with respect to the obligation to return outstanding accounts owed to the Plaintiff in relation to the water supply and sewerage construction part of the instant subcontract between interesting construction and interesting construction as of June 2, 2016, with respect to the obligation to return the outstanding accounts owed to the Plaintiff in relation to the water supply and sewerage construction part of the instant subcontract, an advance payment guarantee agreement with the effect that the amount to be guaranteed is determined from June 2, 2016 to September 26, 2017 (hereinafter “instant first guarantee agreement”).

(2) On June 15, 2016, the Defendant entered into an advance payment guarantee contract with respect to the obligation to return outstanding accounts owed by Hoi Construction to the Plaintiff in relation to the part of the instant subcontract between Hoi Construction and Hoi Construction, and entered into an advance payment guarantee contract with the content that the amount of security deposit shall be KRW 106,282,00, and the guarantee period shall be from June 15, 2016 to September 26, 2017 (hereinafter “the second guarantee contract of this case”); and the first and second guarantee contract of this case shall be referred to as “each guarantee contract of this case”).

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