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(영문) 서울중앙지방법원 2017.07.25 2016가단5097582
보증채무금
Text

1. The Defendant’s KRW 124,88,154 for the Plaintiff and KRW 6% per annum from September 22, 2014 to July 25, 2017.

Reasons

1. Basic facts

A. 1) Contract and subcontract execution 1) Contract and contract execution 1) Diplomatic Headquarters in the Chungcheongbuk District Headquarters in the Korea Rural Community Corporation, Chungcheong, and Ganyang Branch (hereinafter referred to as “project owner”).

On January 18, 2013, the Plaintiff and “A” (hereinafter “A”) are composed of machinery works, etc., such as earth and sand and reinforced concrete construction, transmission and drainage facilities, water-purification and pressure facilities, etc., which are implemented with the aim of continuously supplying agricultural water without any impact on climate and environmental changes, such as droughts and floods.

hereinafter referred to as “the entire construction work of this case”

On January 28, 2013 to December 20, 2015, with regard to the total construction period, newly concluding an annual construction contract that newly prescribes the details of construction amount, etc. within the scope of the project owner’s budget. 2) The total construction cost of the prime contract in 2013 was KRW 2,288,181,00, and the commencement date was January 28, 2013; and the completion date was December 20, 2013.

3) On March 3, 2014, the Plaintiff entered into a contract between the project owner and the project owner on March 5, 2014 regarding the total construction amount of KRW 2,288,181,00 for the instant entire construction project; the date of completion on March 5, 2014; and the date of completion on December 20, 2014; 4) the Plaintiff’s attachment of the contract amount for construction works under the provision of Article 88 of the Framework Act on the Construction Industry and Article 84 of the Enforcement Decree of the Enforcement Decree of the Construction Industry (including the contract amount for construction works under a contract for construction works under a contract for construction works) with a stock company B (hereinafter “B”) on March 5, 2014 and “construction works and reinforced concrete” (hereinafter “instant key construction works”) on March 5, 2014 to December 20, 2014; the contract amount of KRW 336,600,000 for the construction works;

(2) Scope of an amount equivalent to wages under paragraph (1) and calculation method shall be prescribed by Presidential Decree.

(1) Article 88 (2) of the Enforcement Decree of the Framework Act on the Construction Industry shall apply to the method of calculating wages excluded from seizure.

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