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(영문) 서울중앙지방법원 2015.01.28 2014가합525603
보증금 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 4, 201, the Plaintiff was awarded a subcontract for the steel frame construction (hereinafter “instant construction”) from among the construction works of the Seocho-dong Green Cross ordered by the Green Council of Love (hereinafter “ Love Council”) for KRW 20,075,000 (including value-added tax, and KRW 18,250,000,000 if the value-added tax is excluded), and the period from October 4, 201 to April 30, 2013.

(hereinafter referred to as the “instant contract”). B.

On October 19, 2011, the Defendant issued a guarantee for payment of subcontract consideration (hereinafter “the instant guarantee”) with the effect that, if the instant contract is not paid due to the suspension of current account transactions, bankruptcy, and the decision to commence rehabilitation procedures, the Plaintiff would pay the price for the instant contract from October 4, 201 to April 30, 201, the Plaintiff would pay the price that was actually executed and unpaid to the Plaintiff within the maximum of KRW 4,189,565,210.

C. On April 5, 2013, the Plaintiff and Samsung Construction adjusted the price for the instant contract to KRW 20,619,500,000 (where value-added tax is excluded, KRW 18,745,00,00) higher than the original price (hereinafter “instant settlement”), and entered into a modified contract on April 30, 2013.

The Plaintiff completed the instant construction work before April 30, 2013.

E. The Plaintiff received 20,070,540,640 won (including KRW 3,460,640,640, which the Plaintiff claimed as the items of employment insurance premium) in total as the construction cost from the two-use construction or Green Cross up to the present.

However, in addition to the above money, 52,420,000 won issued by the bill on August 28, 2013, which was due, was rejected on December 31, 2013, when the payment was due, and the construction for pairs applied for commencement of rehabilitation procedures around that time.

F. On January 13, 2014, the Plaintiff claimed that the Defendant pay KRW 552,420,000 for the face value of the Promissory Notes refused based on the instant guarantee, and on January 22, 2014.

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