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(영문) 광주고등법원 2015.02.13 2014나1293
보증금반환
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. The Plaintiffs filed a claim for deposit based on a contract guarantee agreement concluded on April 16, 2012 between Samwon Construction Co., Ltd. (the trade name before the alteration is Boenna Co., Ltd., and hereinafter “ Samwon Construction”) and the Defendant, and an advance payment guarantee agreement concluded on July 3, 2012, and each claim for deposit and door-based construction Co., Ltd. (hereinafter “Liwon Construction”) on November 15, 2012 between the Defendant and the Defendant.

The first instance court dismissed the plaintiffs' claims for the deposit against the defendant in relation to Samwon Construction, and partly accepted the plaintiffs' claims for deposit against the defendant in relation to Gowon Construction. Accordingly, since only the plaintiffs appealed for the claim for deposit against Samwon Construction, the scope of the judgment of this court is limited to the above part.

2. On November 24, 201, the Plaintiffs organized a joint supply and demand organization and contracted with the Korea Land and Housing Corporation for the “B Section 1 Construction Works for Apartment (hereinafter “instant construction”). On March 29, 2012, the Plaintiffs entered into a subcontract with the Korea Land and Housing Corporation with the contract amount of the said construction works for reinforced concrete (hereinafter “instant subcontracted construction”) at KRW 3.68 billion and the construction period from March 29, 2012 to April 25, 2013 (hereinafter “instant subcontract”). The parts relating to the terms and conditions of the said subcontract relating to the instant case are as follows.

Article 7 (Execution of Contracts and Guarantee for Payment of Construction Costs) (1) The plaintiffs and Samwon Construction shall guarantee each other the execution of contracts and the payment of construction costs by any of the following methods:

1. The contract execution guarantee of the amount equivalent to 10% of the contract amount to the plaintiffs.

1. The Construction Mutual Aid Association;

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