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(영문) 대구지방법원 2014.11.13 2014가합783
계약보증금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a village development cooperative created by the faculty members of the Gyeongbuk-do University in order to create a 114-household village in the size of 114 households as part of the "living environment improvement project" under the Rearrangement of Agricultural and Fishing Villages Act on the land of 218,473 square meters in Mari-ri, Mari-si, Mari-si, Mari-do,

The defendant is a mutual aid association established to promote the independent economic activities and status of construction companies, and to contribute to the development of construction business, and carries out bid guarantees, contract guarantees, etc.

B. On January 31, 2012, the Plaintiff entered into a contract. (1) On January 31, 2012, the Plaintiff is an E.S. Construction Co., Ltd. (hereinafter “E.

(1) The Korea Development Corporation (hereinafter referred to as the “One Corporation”) for the development of a village for all faculty members of the Korea National University of Myeong-si.

A) A contract for construction work (hereinafter referred to as “first contract for construction work”) shall be determined from January 31, 2012 to June 30, 2013 during the construction period of KRW 15.3 billion (excluding value-added tax) and the period of construction from January 31, 2012.

(2) On January 28, 2013, the Plaintiff and S. Construction entered into a modified contract with the purport that the construction cost of the first construction would be increased to KRW 21,313,280,000 (hereinafter “the first construction contract”) according to the design change on January 28, 2013, and the normal comprehensive construction company jointly and severally guaranteed the obligation under the above contract for E.S. Construction Co., Ltd. (hereinafter “the first construction contract”).

3) The Plaintiff, in addition to Es. A.D. construction on May 10, 2013, added to Es. 1 construction, is a construction work and landscaping work (hereinafter “second construction work”).

A) A contract for construction work (hereinafter referred to as “second contract for construction work”) shall be determined from May 10, 2013 to August 31, 2013 as the period of construction work (hereinafter referred to as “second contract for construction work”).

The term "the instant construction contract" in total, including the first construction contract, the first construction change contract, and the second construction contract.

(C) A normal comprehensive construction company concluded a contract and jointly and severally guaranteed the obligation under the contract for E.S. Construction. (C). A contract guarantee contract was concluded.

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