(영문) 서울중앙지방법원 2016.12.06 2015가합557089

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(영문) 서울중앙지방법원 2016.12.06 2015가합557089

하도급대금지급보증금청구

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 28, 2008, a new construction business (hereinafter “new construction business”) was awarded a contract for the creation of a housing site in Seoul Special Metropolitan City B district, the construction of housing site landscaping, and the construction of apartment complexes in Seoul Special Metropolitan City (hereinafter “SH”) from SH Corporation (hereinafter “instant prime contract”). On March 17, 2009, a new construction business (hereinafter “new construction business”) awarded a subcontract to the Plaintiff for the construction of machinery and equipment in KRW 5,52,60,000 among the above construction works, and subcontracted the fire fighting construction in KRW 2,894,40,000 on April 19, 2009 to the Plaintiff, respectively.

(hereinafter referred to as the “each of the instant works” in combination with the mechanical facility works and fire fighting works, and the subcontract for each of the instant works is referred to as the “each of the instant subcontract”). (b)

The new business concluded a subcontract payment guarantee contract with the defendant and the plaintiff as the guarantee creditor with respect to the obligation to pay the construction cost of the new business based on each of the subcontract in this case as shown below (the table).

(hereinafter “each of the instant guarantee contracts”). The main terms of each of the instant guarantee contracts are as follows:

[ table] The contract amount for the guarantee period of the letter of guarantee number (the original guarantee number) on May 14, 2009: C from April 15, 2009 to November 13, 2010, 2,894,400,400,600,913,490 on July 15, 2009; D on April 12, 2009 to November 13, 2010; 13,552,600,001,000 on April 13, 201 to November 13, 2010; / [Standard Contract] Article 1 (Guarantee Liability] The Defendant stated that the contractor fails to perform its obligation to pay the subcontract consideration to the Plaintiff in accordance with the terms and conditions of guarantee (hereinafter “liability guarantee”).

Article 3 (Limits of Performance of Guarantee Obligations) The deposit to be paid by the Defendant shall be limited to the amount guaranteed under this Guarantee, and shall be extended to the date of performance of the contract as stated in the Guarantee from the date of the Guarantee

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