(영문) 서울중앙지방법원 2017.04.13 2015가단5329428

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2017.04.13 2015가단5329428

보증채무금

Text

1. The plaintiff and the plaintiff succeeding intervenor's claims are all dismissed.

2. Of the litigation costs, the Plaintiff and the Defendant.

Reasons

1. Basic facts

A. On March 25, 2013, the Plaintiff entered into a subcontract (hereinafter referred to as the “instant subcontract”) with respect to construction by setting a period from March 26, 2013 to October 9 of the same year as the subcontract price of KRW 1,495,450,000 (including value-added tax) for each of the construction works (hereinafter referred to as the “instant subcontract”).

B. On April 18, 2013, the Defendant entered into a guarantee contract with the execution date on October 9, 2013 and the guarantee period from March 26, 2013 to January 7, 2014, each of which is set as KRW 727,545,450, and the guarantee contract to guarantee the payment of the instant subcontract price to the Plaintiff of the Master Construction, and issued a written subcontract payment guarantee to the Plaintiff at that time. The Master Construction issued a written subcontract payment guarantee to the Plaintiff at that time.

C. Meanwhile, Article 1 (Guarantee Responsibility) of the Subcontract Payment Guarantee Clause applicable to the Guarantee Agreement of this case (hereinafter “The Contract of this case”) provides that the defendant bears the obligation to pay the subcontract price to the plaintiff in the event that the contractor (Master General Construction) fails to perform the obligation to pay the subcontract price to the contract on the front (the payment date is within the Guarantee Period).

(B) pay each other in accordance with the terms and conditions of this guarantee and pay each other in accordance with the terms and conditions of this guarantee. Article 3 (Guarantee Money to be paid by the Defendant, even if fulfilled, shall be limited to the amount guaranteed as set out in this guarantee, and shall be recognized in accordance with the criteria of Article 7 from the unpaid amount of the construction cost incurred by the Plaintiff’s actual performance of construction until

유사 판례

-서울중앙지방법원 2016.07.06 2015가합9979

-서울중앙지방법원 2017.08.22 2016가단117979

-서울고등법원 2016.12.15 2016나2027106

-서울중앙지방법원 2016.04.22 2015가합511922

-서울고등법원 2015.11.03 2014나35480