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(영문) 인천지방법원 2018.06.01 2017가합1314
보증채무금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff entered into a contract for a construction project (hereinafter “instant original contract”) with each of the contractual amounts of KRW 3,960,000,000 (including value-added tax) from March 11, 201 to July 28, 201, the construction period of construction of a new site center for two parcels, other than C, and C, from March 11, 2011, to July 28, 201 (hereinafter “instant original contract”).

(2) On September 16, 2011, the Plaintiff and B entered into a contract with each of the following terms: (a) the construction period of the instant original contract from August 18, 201 to October 10, 201; and (b) the construction amount of KRW 4,125,000,000 (including value-added tax) respectively;

(3) The term “instant modified contract” refers to the term “instant modified contract” and the term “instant modified contract” refers to the original contract and the modified contract (hereinafter “instant contract”).

Each party's column includes the defendant as a joint guarantor, and the printed defendant's seal is affixed to the printed defendant's name. (b) The plaintiff in the related case is the Incheon District Court 2013 tea10439 against B on September 2, 2013, and the contract price of construction 4,125,000,000 under the modified contract of this case and the additional construction cost of 121,246,234,303 won, which is the sum of 4,246,00,000 won, which is the sum of 665,234,303 won, and damages for delay are paid to the above 665,234,303 won, and the above court ordered payment from September 13, 2013 to November 24, 2011.

2. The parties' assertion

A. On September 16, 201, the Plaintiff entered into the instant amendment agreement with Plaintiff B, and on October 7, 201, entered into an additional contract setting the construction amount as KRW 121,00,000 (including value-added tax) with respect to the instant appurtenant works among the instant construction works, and all of the instant construction works.

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