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(영문) 창원지방법원 2018.10.11 2017가합54831
공사대금
Text

1. Defendant D Co., Ltd.: KRW 4,568,00, and KRW 72,896,930 to Plaintiff B Co., Ltd. and each of them.

Reasons

1. Facts of recognition;

A. The Korea Environment Corporation, which entered into a contract for the instant rearrangement project, concluded a contract with F (hereinafter referred to as “F”), during the G treatment zone sewage pipeline rearrangement project (hereinafter referred to as “instant rearrangement project”); (i) the primary construction during the contract period from October 13, 2015 to October 12, 2016; and (ii) the secondary construction during the contract period from September 1, 2016 to October 12, 2016; and (iii) the contract period for the instant rearrangement project was set at KRW 3,00,000.

B. On November 18, 2015, Plaintiff A Co., Ltd. (hereinafter “A”) (hereinafter “A”) on November 18, 2015, the subcontract fund for soil works and sewerage works among the instant rearrangement projects (the primary portion of the instant rearrangement projects), is performing the said projects, and 1) earth works.

(2) From November 20, 2015 to October 12, 2016, the period of construction was set at KRW 463,670,00, and the contract amount was set at KRW 463,670,00. (2) On November 20, 2015, the sewerage construction was subcontracted to Plaintiff B Co., Ltd. (hereinafter “B”) for the construction period from November 24, 2015 to October 12, 2016.

(referring to each of the above subcontracts, hereinafter referred to as "each of the instant subcontracts").

On December 2, 2015, the Defendant D Association (hereinafter referred to as the “Defendant Association”) entered into a contract for the payment guarantee of each of the subcontract of this case with F, under the following terms: (i) issued to Plaintiff A, the secured creditor, a guarantee of the guaranteed amount of KRW 169,635,360, and the guarantee period of January 10, 2017 from November 20, 2015 to January 10, 2017; and (ii) issued to Plaintiff B, the secured creditor, a guarantee of the guaranteed amount of KRW 114,148,140, and the guarantee period of KRW 140,140, and from November 24, 2015 to November 10, 2017.

(F) The terms and conditions of each of the instant guarantee contracts are as follows. Article 1 (Guarantee Liability) D of the Subcontract Terms and Conditions (hereinafter referred to as the "Union") shall be the contractor (hereinafter referred to as the "debtor").

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