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1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. On June 10, 2012, Lee Jae-gu Construction Co., Ltd. (the trade name as at the time of establishment of March 29, 1982 was Cho Jae-gu Construction Co., Ltd., Ltd., but the trade name was changed to Dra Construction Co., Ltd. as at June 1, 2013, and the trade name was changed to Dra Construction Co., Ltd. as at June 1, 2015. hereinafter “Plaintiff Dra Construction” without distinguishing before and after the change; hereinafter “the change”) entered into a contract with the Plaintiff for the execution of the “C New Construction Co., Ltd.’s contract amount of KRW 21.177,100,00 won (including value-added tax; hereinafter the same shall apply) and the “D New Construction Co., Ltd.’s contract amount of KRW 27.2987,700,000,000 for each contract.
B. Plaintiff Liber Construction Co., Ltd. (hereinafter “A”) awarded a subcontract for a reinforced concrete construction project (hereinafter “nine unit construction project”) among the “C-built construction projects” by setting the contract amount of KRW 3.932.7 million and the contract period from July 2, 2012 to October 31, 2014; and, among the “D-built construction projects, the term of “D-built construction project” (hereinafter “10 unit construction”) set the contract amount of KRW 4.82.7 billion and the contract period from July 2, 2012 to October 31, 2014; and demanded that G, the representative director of A, who is the Defendant, submit a contract guarantee for D-built construction project and ten unit construction projects under a contract guarantee issued by the Defendant.
C. At the request of the Plaintiff D’s construction, A asked the Defendant’s staff-in-charged whether a contract guarantee certificate may be issued on the basis of the construction statement of 9 and 10 Dong 10 attached construction works [Article 8.73,54 million won (i.e., the sum total of the estimated amount of 1 and 9 Dong 10 Dong construction works (i.e., the contract amount of 3., the “10 Dong construction works” worth KRW 4.82,700,000), but the answer was presented that it cannot be issued on the grounds that the contract amount falls short of the guarantee amount.
A without submitting a contract guarantee issued by the Defendant to Plaintiff Dra Construction, from July 2, 2012 to H through H, 9 East Construction and 10 East Construction.