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(영문) 서울중앙지방법원 2016.08.17 2015가단5058238
보증금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) The Plaintiff is a construction company that is engaged in civil engineering works, construction works, etc., and is the original contractor of the “B construction works” ordered by Pyeongtaek-si Water and Wastewater Works Offices (hereinafter “instant construction works”).

(2) The Defendant Union guaranteed the return of advance payment that the Plaintiff subcontracted the instant construction to a limited liability company (as for indemnity: limited liability company construction; hereinafter referred to as “forest construction”), and the Defendant Company guaranteed the performance of the instant subcontracted construction, which was paid by the Plaintiff to forest construction.

B. (1) In conclusion of the contract, Pyeongtaek-si announced a tender for construction to place an order for a drainage area construction project of Pyeongtaek-si C, and the Plaintiff and Yangyang Co., Ltd. (hereinafter “Tyang”) with respect to the civil engineering project during the instant construction project, Hanwon Construction Co., Ltd. (hereinafter “Tyang”) participated in the construction project after forming a joint supply and demand organization with respect to the construction and landscaping project during the instant construction project, and was awarded the bid as the counter-party to the instant construction project.

(2) In addition, on December 28, 2012, Pyeongtaek-si water supply and sewerage business offices and the above joint supply and demand companies concluded a contract on the contract amounting to KRW 10,808,905,00 with respect to the instant construction works, and from December 28, 2012 to October 23, 2013 (the contract amounting to KRW 10,808,905,00 with respect to the instant construction works (the means of joint performance, the construction of spawal, the construction of spawal, and the method of joint performance, the two joint supply and demand companies).

C. (1) The Plaintiff, as a representative contractor of Yangyang-gu joint contractors (52% shares in the Plaintiff, 48% shares in large volume): on February 2013, the site site conference was held to select a subcontractor company of the instant construction among the instant construction works, and was selected as a subcontractor through open competitive bidding.

(2) On February 12, 2013, the forest construction project submitted a written estimate to perform the said project in KRW 2,990,900,000.

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