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(영문) 서울중앙지방법원 2018.05.16 2016가합519565
보증금청구의 소
Text

1. The Defendant shall pay KRW 1,212,70,00 to the Plaintiff and KRW 343,920,00 among them, from November 26, 2012 to KRW 505,390,566.

Reasons

1. Facts of recognition;

A. On July 1, 2011, the Plaintiff and the Magho Construction Co., Ltd., and the Defendant’s subcontract and guarantee contract (hereinafter “Magho Construction”) are the Magho Construction Co., Ltd. (hereinafter “Magho Construction”).

(3) The Plaintiff’s establishment of the Gwangju Correctional Institution that the Plaintiff contracted by the Ministry of Justice (hereinafter “the First Institute”).

) The contract amount of KRW 9,889,00,000 (whichever was later changed to KRW 9,616,530,000).

(A) A contract to subcontract the construction period from July 1, 201 to June 16, 2014 (hereinafter “instant first subcontract”) (hereinafter “instant contract”).

(2) On February 15, 2012, in order to guarantee the implementation of the first subcontract of this case, the luminous Construction Co., Ltd. entered into a contract guarantee agreement (hereinafter “instant guarantee agreement”) with the Defendant during the period from July 1, 2011 to June 16, 2014, setting the guarantee amount of KRW 961,653,00, and the guarantee period of KRW 961,653,00.

3) From June 12, 2012 to November 14, 2011 of the same year, the Plaintiff urged the Defendant to perform the contract several times, but notified the Defendant of his/her intent to terminate the first subcontract of this case on November 21, 2012. On December 27, 2012, the Plaintiff entered into a subcontract of KRW 2,73,50,000 for the remaining portion of the first subcontract of the Corporation, and the Plaintiff demanded the Defendant to pay KRW 505,390,566 for the deposit for the contract for the mining drying on April 16, 2014, but the Defendant did not pay the deposit.

B. On October 4, 2005, the Plaintiff (hereinafter “Cheongtop Industry”) signed a subcontract and guarantee contract between the Plaintiff, Cheongtop Industry Co., Ltd., and the Defendant (hereinafter “Cheongtop Industry”).

(3) The Plaintiff’s construction of earth and sand and structures (sect section) (hereinafter “the 2nd construction”) among the court- upstream road packing works that the Plaintiff was awarded a contract with the Gyeonggi Expressway Co., Ltd.

from October 4, 2005 to February 28, 2010 (the contract price of 12,608, 365,000 won and the construction period of 9,060,700,000 won and October 16, 2012).

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