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(영문) 서울중앙지방법원 2015.12.18 2015가합511809
계약보증금
Text

1. The defendant,

A. As to KRW 107,917,713 and KRW 22,236,50 among them, Plaintiff Oral C&C Co., Ltd.

Reasons

1. Basic facts

A. 1) The plaintiffs were awarded a contract for construction work in the East Sea-style Road (section 1) from the original local construction management office. 2) The ratio of shares of the plaintiffs OrenchiC Co., Ltd. (hereinafter referred to as the " plaintiffs OrenchiC") is 65%, and the ratio of shares of the plaintiff Co., Ltd., Ltd. (hereinafter referred to as the "the plaintiff Co., Ltd.") is 35%, and the ratio of shares of the plaintiff Co., Ltd., Ltd.'s joint venture (hereinafter referred to as the "the plaintiff Co., Ltd.") is 35%, and

3) The Plaintiffs: (a) on May 30, 2013, the construction of movable property in a stock company (hereinafter “construction of movable property”)

(2) The construction of soil and structures (hereinafter referred to as the “instant construction”) among the construction of the East Sea-style Road.

(B) The construction cost was determined and subcontracted as KRW 1,07,380,000 for the construction work, and the date of completion as of January 8, 2014. B. The construction of movable property for which the performance guarantee certificate was issued on June 3, 2013 shall be KRW 100,738,00 for the Defendant and the amount guaranteed, the guarantee period shall be from May 30, 2013 to February 7, 2014 for the guarantee period, and the guarantee creditor shall be determined as the Plaintiff Orren F&C for the performance guarantee contract (hereinafter “instant performance guarantee contract”).

(C) On June 11, 2013, the Defendant and the guaranteed amount were KRW 127,40,000 for movable construction, and the guaranteed amount was from June 11, 2013 to February 7, 2014, the secured creditor entered into an advance payment guarantee contract with the Plaintiff Orren C&C, and on June 25, 2013, the Plaintiff Orren C&C paid KRW 127,40,000 for movable property construction and received an advance payment guarantee from movable property construction.

2. On June 11, 2013, the Defendant and the guaranteed amount are KRW 68,600,00 for the Defendant and the guaranteed amount, the guarantee period is from June 11, 2013 to February 7, 2014 for the guarantee period, and the guarantee creditor entered into an advance payment guarantee contract by setting the Plaintiff’s narrow comprehensive construction business as the Plaintiff’s narrow comprehensive construction business, and the Plaintiff’s narrow comprehensive construction business as of June 25, 2013 for the movable construction as of June 25, 2013.

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