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(영문) 서울중앙지방법원 2018.09.14 2017나55451
보증채무금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) On January 18, 2013, the Plaintiff entered into a contract with the Korea Rural Community Corporation (hereinafter “project owner”) and the head of the Chungcheong Regional Headquarters of the Korea Rural Community Corporation, Chungcheongnamcheon, and Yangyang Branch (hereinafter “the head of the contract”).

(A) and “A” (hereinafter referred to as “the entire construction of this case”).

(2) On January 18, 2013, the Plaintiff entered into a contract with the ordering person and the construction period from January 28, 2013 to December 20, 2015 with respect to the total construction cost of KRW 2,288,181,00, and the total construction period of KRW 200,000, with respect to the construction cost of KRW 700,000,000, with respect to the construction cost of the year 2013 among the entire construction cost of the instant case, and entered into a contract with the ordering person and the construction period from January 28, 2013 to December 20, 2013.

3) On March 3, 2014, with respect to the part of the construction project in 2014 among the entire construction project in the instant case, the Plaintiff entered into a contract with the ordering person and the Plaintiff by setting the contract amount of KRW 54,459,00 as the contract amount of KRW 54,459,00 and the construction period from March 5, 2014 to December 20, 2014 (hereinafter “instant contract”).

(B) Around March 27, 2013, the Plaintiff entered into a subcontract agreement with B Co., Ltd. (hereinafter “B”) on KRW 1,650,000,000 for the entire construction work of this case (hereinafter “instant subcontract agreement”).

2) On March 27, 2013, the Plaintiff and B concluded a subcontract agreement for construction works (subcontract: 1,194,60,000 won for Saturdays and reinforced concrete construction works, contract price, 1,194,60,000 won, and construction period from March 27, 2013 to December 20, 2015) and a subcontract agreement for construction works (2013: Subcontract and reinforced concrete construction works; 342,10,000 won, construction period from March 28, 2013 to December 20, 2013 to December 20, 2014; hereinafter the Plaintiff and B concluded a subcontract agreement for construction works (the contract price for subcontracted construction works and reinforced concrete construction works, 36,300,000 won to December 204, 2015, respectively) with the construction period of 301.36,301,2014 to March 5, 2014

C. 1B signed a guarantee agreement on March 5, 2014

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