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(영문) 대구고등법원 2018.04.26 2017나22415
보증채무금
Text

1. The defendant's appeal and the request for return of provisional payment are all dismissed.

2. Costs of appeal and provisional payments.

Reasons

1. Basic facts

A. The plaintiff is a joint plaintiff construction company in the first instance trial (hereinafter "joint plaintiff construction company").

(2) From the end of January 8, 201, the Plaintiff and Haan Construction Co., Ltd. (hereinafter “Gyeongan Industrial Development”) concluded a contract with the term “Haan Green Cross Construction Co., Ltd.” (hereinafter “this case’s subcontract”) with the term “Haan Green Cross Construction Co., Ltd.” as of January 8, 201 (hereinafter “Haan Sea Industry Development”) for the construction cost of the said construction, 860,200,000 construction cost of the said construction work, from January 8, 201 to March 14, 201, with the term of 86,020,000 won for the contract performance guarantee (hereinafter “instant subcontract”) and thereafter, with the term of 30,000 won changed to 10,000 won or more for the changed construction period to 10,000 won or more for the following reasons: (i) the change to 203,708,710,710,2017.7

3) The terms of the instant subcontract agreement attached to the instant subcontract include the following contents. Article 7 (Execution of Contracts and Guarantee of Payment for Construction Costs) ① The Plaintiff (A) and the Ganhae Industrial Development (B) of the terms of the said subcontract for construction works shall be mutually guaranteed:

Provided, That where the payment guarantee of subcontract consideration is exempted under the Framework Act on the Construction Industry or the Fair Transactions in Subcontracting Act, it may not be mutually guaranteed.

1. For the development of the light marine industry, the contract execution guarantee of an amount equivalent to 10% of the contract amount to the Plaintiff.

1. Construction mutual aid associations, specialized construction mutual aid associations, guarantee insurance companies, and guarantee organizations equivalent thereto, such as the Credit Guarantee Fund;

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