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서울중앙지방법원 2018.05.16 2015가합514495
계약보증금
Text

1. The Defendant’s KRW 454,658,439 and KRW 407,283,329 among the Plaintiff’s KRW 6% per annum from July 22, 2017 to May 16, 2018.

Reasons

1. Basic facts

A. The plaintiff is a company established on April 11, 1990 for the purpose of carrying on housing construction business, building construction business, etc., and the defendant is a mutual aid association established on April 25, 198 for the purpose of promoting the autonomous economic activities and improvement of economic status of its members by providing necessary guarantees, financing, mutual aid business, etc. to its members.

B. 1) The Plaintiff and the Coul Global Coul Global Coul Global Co., Ltd., White L&C Construction Co., Ltd., YYYYYYYA Co., Ltd., and Korea Development Co., Ltd. (hereinafter “Korea Development”)

2) The construction of alternative construction company (hereinafter referred to as “alternative construction”)

2) On March 20, 2012, the Defendant Co., Ltd. and C&C Construction Co., Ltd. constitute a joint supply and demand organization and “BTL-based private investment facility business (BTL)” (hereinafter “instant business”).

2) Among the members of the above joint contractors, the Plaintiff was designated as the contractor for new construction works in the area of the project site of this case, the project site of this case was located in 1,95 U.S. Won-do, the petitioner of Chungcheongbuk-do, the project site of this case, which was designated as the contractor for new construction works in the area of D.

3) On November 14, 2012, the Plaintiff’s construction of reinforced concrete necessary for construction in the said D area (hereinafter “instant subcontracted construction”).

) Construction of the East Industry Co., Ltd. (hereinafter referred to as “construction of the East Industry”).

(i) while subcontracting to the Corporation, the contract amount shall be KRW 4,346,00,000 (including value-added tax; hereinafter the same shall apply).

In addition, the construction period was set from November 14, 2012 to April 6, 2014 (hereinafter “instant subcontract”).

(i) Article 7 (Execution of Contracts and Guarantee for Payment of Contract Price ① The plaintiff and the construction of the same industry shall mutually guarantee the execution of contracts and the payment of contract price in any of the following manners:

1. The construction of the Winter Industry guarantees the Plaintiff to perform the contract in an amount equivalent to 10% of the contract amount.

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