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(영문) 서울중앙지방법원 2017.09.20 2017가합509510
보증금 청구의 소
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 Plaintiff entered into a contract for each of the instant subcontracting projects (hereinafter “Djin Construction”)

on July 15, 2008, 147-1, 147-1,000,000,000

(i) civil and household installation works (hereinafter referred to as “(i)-1 works”) among them;

(1) On January 12, 2010, the construction period of the above construction from July 16, 2008 to December 31, 2010, the contract was entered into for the modification of the contract amount of KRW 4,767,841,67, and contract deposit to KRW 10% of the contract amount. On November 12, 2009, the contract was entered into for the incidental civil works among the instant construction works (hereinafter “No. 1-2”), and the unit civil works (hereinafter “No. 1-1 and 2”), and the unit civil works (hereinafter “No. 1-1 and 2”).

(2) From November 13, 2009 to March 31, 2011, the construction period of construction was determined and subcontracted as 1,115,223,027 won, contract amount of contract deposit, and 10% of contract amount of contract deposit. 2) On May 7, 2009, the Plaintiff subcontracted the construction of one complex of the instant construction work among the instant construction works (hereinafter “Class B construction”) to the Non-Party D, etc. Construction Co., Ltd. (hereinafter “D”) for the construction period from May 8, 2009 to March 31, 2011, with the construction cost fixed as 1,860,587,886 won, contract amount of contract deposit as 10%.

3) The Plaintiff is Sung Jin-jin Co., Ltd. (hereinafter “Majin-Jin-C”)

On January 14, 2010, one complex construction among the instant construction works (hereinafter referred to as “No. 3-1 construction”).

(3) From January 15, 201 to March 31, 2011, the construction period is set at 5,352,00,907 won, contract amount of contract deposit, and 10% of the contract amount of contract deposit, and on June 14, 2010, the said construction period is set at 10%, and the said construction is set at 3-1 and 2.

(4) From June 15, 2010 to January 31, 2011, the construction period was determined and subcontracted as 10% of the contract amount of the contract deposit, 919,017,819, and 10% of the contract deposit. 4) The Plaintiff, on October 12, 2009, was Gyeongnam-si.

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