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(영문) 대전고등법원 2017.12.06 2016나15950
공사선급 및 보증금 등
Text

1. Of the judgment of the court of first instance, the part against Defendant A, which exceeds the following amount ordering payment.

Reasons

Basic Facts

On May 27, 2013, the Plaintiff entered into a subcontract for B and C Corporation: (a) from Dong-gu Daejeon Metropolitan City on May 27, 2013, the Plaintiff was awarded a contract for KRW 937,741,00 for the instant First Corporation; and (b) from Daejeon Urban Corporation on May 30, 2013, for KRW 454,585,000 for the instant Second Corporation (hereinafter “the instant Second Corporation”).

On July 9, 2013, the Plaintiff drafted a subcontract agreement (Evidence 7, A- 4-1) with the Defendant A Co., Ltd. (hereinafter “Defendant A”) to subcontract the instant First Project (hereinafter “instant First Contract”); from May 29, 2013 to March 24, 2014; the contract amount: 374,00,000 won: From May 29, 2013 to March 24, 2014; and separately between the Plaintiff and the Defendant, “the scope of construction: the civil construction work, the period of construction: From May 29, 2013 to March 24, 2014; the contract amount: 280,50,000 won (including value-added tax)” (Evidence 7).

On July 9, 2013, the Plaintiff entered into a subcontract agreement (including the value-added tax) with Defendant A (hereinafter “instant second contract”) to subcontract the instant second construction (hereinafter “instant second contract”); from May 31, 2013 to January 25, 2014, the scope of construction works: From May 31, 2013 to January 25, 2014; the amount of construction works: KRW 181,50,000 (including the evidence No. 8, A-3).

After issuing a letter of advance payment guarantee and a performance guarantee insurance policy, Defendant Specialized Construction Mutual Aid Association (hereinafter “Defendant Specialized Construction Mutual Aid Association”) issued each advance payment guarantee amount of KRW 220 million to guarantee the obligation to return advance payment to Defendant A pursuant to the instant contract Nos. 1 and 2 (hereinafter “each of the instant contracts”) on July 9, 2013. The instant contract Nos. 1 and 2 issued each of the instant advance payment guarantee certificates with KRW 110 million.

Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter referred to as “Defendant”).

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