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(영문) 서울중앙지방법원 2014.09.23 2014가합515477
보증채무금
Text

1. The Defendant’s KRW 134,406,491 as well as 5% per annum from July 10, 2013 to March 28, 2014, and the following.

Reasons

1. Basic facts

A. The Plaintiff entered into a subcontract with the Daelim Industry Co., Ltd., awarded a contract for the integrated management and construction work of 12 buildings, etc. (hereinafter “instant construction work”) from the Daelim Industry Co., Ltd., and subcontracted it to Es and Ga Construction Co., Ltd.

However, on November 8, 2012, upon the default of E.S. construction companies, the said subcontract was terminated, and again subcontracted to the civil construction for a limited company (hereinafter “civil construction”), and the civil construction succeeded to the instant construction from around that time.

However, a subcontract agreement between the plaintiff and public construction was drafted on January 14, 2013, and the construction period was from January 14, 2013 to October 27, 2014, and the contract amount was KRW 2,112,00,000 (value 1,920,000,000 value-added tax of KRW 192,00,000).

(hereinafter “instant subcontract”). (b)

On February 15, 2013, the parties entered into a guarantee agreement for advance construction and the Defendant entered into a guarantee agreement for advance payment for the obligation to return advance payment for public construction. The Defendant issued to the Plaintiff an advance payment guarantee certificate from February 15, 2013 to December 26, 2014, the guarantee period of which is 211,200,000 won, and the guarantee period of advance payment guarantee issued by the Defendant.

(hereinafter “this case’s guarantee agreement”). (c)

On March 22, 2013, the Plaintiff and public construction made a statement of performance that the instant subcontract is terminated due to the waiver of public construction works, even if the construction cost is delayed once, to the relevant business entity, such as labor cost, material cost, and equipment cost of public construction arising from the process of performing the instant construction works.

Notwithstanding the above performance memorandum, the public construction did not pay labor costs, etc. in the construction site of this case, and the plaintiff terminated the subcontract of this case on June 5, 2013.

On July 9, 2013, the Plaintiff is terminated the instant subcontract to the Defendant.

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