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(영문) 서울중앙지방법원 2019.05.21 2017가단5087551
보증금
Text

1. As to KRW 84,539,029 and KRW 58,971,525 among the Plaintiff, the Defendant shall start from May 7, 2016 to May 21, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is a stock company established for the purpose of housing construction business.

B. On September 20, 2012, the Plaintiff entered into a contract with C Co., Ltd. (hereinafter referred to as “C”) to set a contract for the instant construction project during the period from September 20, 2012 to January 30, 2014 (including value-added tax, and this amount was changed to KRW 1,884,926,213, and then changed to KRW 1,884,926,213), and C completed the instant construction project.

C. On March 27, 2014, the Defendant entered into a contract to guarantee C’s performance of the obligation to repair defects arising in relation to the instant construction project (hereinafter “instant guarantee contract”) with the Defendant, setting the warranty period of KRW 188,492,621, and the warranty period from January 31, 2014 to January 30, 2017. At that time, C received a warranty bond from the Defendant to deliver the Plaintiff with the warranty bond.

Article 1 (Guarantee Responsibility) (1) B Mutual Aid Association (hereinafter referred to as the "Association") guarantees the payment of warranty bonds in accordance with the terms and conditions of the warranty contract as stated in the letter of guarantee and the matters arising out of the guarantee contract.

2. The term "guarantee" in this Clause means that, in the event of construction in violation of the design documents or other instructions, the obligor fails to perform his/her obligation even though he/she requested the contractor (hereinafter referred to as the "debtor") to repair any defects which have occurred within the front period of defect repair liability, within 15 days from the expiration date of the warranty

Article 3 (Claims for Performance of Guarantee Obligations) (1) A guarantee creditor shall immediately inform the Association of the occurrence of a guarantee accident, and shall submit the following documents along with a written claim for a security deposit at the time of a request for

1. A copy of a letter of guarantee or guarantee;

2. Documents concerning the contractual relationship which can verify the contents of the main contract;

3. Documents evidencing the cause of the guarantee accident and the reasons therefor;

4. Repair expenses; and

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