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(영문) 서울남부지방법원 2013.11.08 2013가합103514
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. (1) On August 26, 201, the Plaintiff entered into a contract for the construction contract and an advance payment guarantee (1) with the joint supply and demand organization consisting of 50% of the equity shares in the Japan Co., Ltd. (hereinafter “Japan”), and 50% of the equity shares in the construction of the Plaintiff Co., Ltd. (hereinafter “New Construction”), during the period of the construction period (hereinafter “instant joint supply and demand organization”) and the joint supply and demand organization consisting of 18,581,374,00 won for the new construction for the relocation of the head office in the innovation city in the Dong-gu Seoul Metropolitan City during the period of the construction period and 600 days from the date of the commencement of the construction period (hereinafter “instant construction contract”).

(2) On January 19, 2012, non-construction entered into a guarantee agreement with the Defendant to guarantee the obligation owed to the Plaintiff by failing to perform the obligation to the Plaintiff due to the failure to pay the advance payment to the Plaintiff (hereinafter “instant advance payment guarantee agreement”) with the guarantee creditor, the amount guaranteed by the Plaintiff, the amount guaranteed by 542,494,000 won, advance payment of KRW 500,000,000, guarantee period from January 19, 2012 to June 18, 2013, and the agreed interest rate of KRW 6%. The Plaintiff received advance payment of KRW 500,000,000 from the Plaintiff on January 20, 2012.

(3) The portion related to the return of advance payment, among the terms and conditions of performance pursuant to advance payment, agreed with the Plaintiff, is as follows, upon receipt of advance payment from the Plaintiff.

Article 5 (Return) (1) In cases falling under any of the following subparagraphs after receiving advance payment, the balance of the relevant advance payment shall be returned without delay:

Provided, That where the balance of the relevant advance payment is returned due to a cause attributable to the other party to the contract, it shall be returned in addition to the agreed amount.

1. Where a contract is rescinded or terminated. (3) If there is any amount payable as to the completed portion at the time of request for refund under paragraphs (1) and (2), the balance of the advance payment; and

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