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(영문) 서울중앙지방법원 2017.03.30 2015가합575988
보증금 청구의 소
Text

1. The Defendant’s KRW 1,430,00,000 as well as 6% per annum from April 9, 2015 to March 30, 2017 to the Plaintiff.

Reasons

Basic Facts

On March 7, 2013, 2013, the Mesa-E-Epi concluded a contract for construction works (hereinafter “instant contract for construction works”) with another construction company (hereinafter referred to as “TA”) on the part of the Daegu Suwon-gu Office B Officetel (hereinafter referred to as “instant building”).

Around March 2013, the Plaintiff and C, D, C, C, C, C, E, and C, and M&M-E concluded a sale-type land trust contract with the content that the Plaintiff would operate the instant building and site, which are trust property, and provide trust benefits to the beneficiary by operating the instant building and site, which are trust property, as the first beneficiary E, and the second beneficiary and the Si construction.

Under the above trust agreement, the Plaintiff succeeded to the instant construction contract.

On April 17, 2013, the Plaintiff and M&D Co., Ltd.: (a) succeeded to the status of a contractor under the instant construction contract from a M&D, Inc.; and (b) entered into a contract for succession of construction contract with the content of KRW 15,730,00,000 and the construction period from April 2013 to January 2015.

Since then, the plaintiff and the construction period were changed to the end of May 2015 through two changes in the contract.

In the instant contract for construction works and the instant contract for construction works, the Plaintiff may cancel or terminate all or part of the instant contract for construction works (Article 31(1)2 of the General Conditions of the Contract for Construction Works) in cases where it is evident that it is not possible to complete the construction work within the completion date due to the reasons attributable to the responsibilities of the construction in charge (Article 4 of the General Conditions of the Contract for Construction Works) in order to guarantee the performance of contractual obligations, the contract for construction in cash is to be paid to the contractor, including the Plaintiff, etc., or to pay the guarantee issued by the guarantor (Article 4 of the General Conditions of the Contract for Construction Works)

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