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(영문) 인천지방법원 2013.11.06 2012가단221031
채무부존재확인
Text

1. The defendant's assistant intervenor according to the performance guarantee insurance contract stated in the attached list between the plaintiffs and the defendant.

Reasons

1. Basic facts

A. On October 15, 2010, the supplementary intervenor, who is a contractor, entered into a contract on the following terms: (a) the neighborhood living facilities and housing (hereinafter “instant building”) on the D ground of Goyang-gu, Yangyang-gu, Yangyang-gu; and (b) the cost of the construction was to be paid as substitute for some households of Eunpyeong-gu Seoul and multi-household housing located in Seoul, E and F (hereinafter “the instant contract”).

B. On December 1, 2010, the supplementary intervenor completed the registration of ownership transfer under the above G G 301 instead of paying advance KRW 197,006,00,000 according to the payment method stipulated in the instant contract. On January 11, 2011, the supplementary intervenor completed the registration of ownership transfer under the above G302 against the I designated by G302 instead of paying advance KRW 176,736,00.

C. On March 18, 201, when the construction of the instant building was carried out, the construction was suspended on March 18, 201. On April 15, 2011, the auxiliary intervenor sent to the Gisung Comprehensive Construction a document verifying that the instant contract was terminated due to the unilateral discontinuance of construction of the Gisung Comprehensive Construction. The said document reached the Gisung Comprehensive Construction around that time.

On the other hand, on January 10, 201, the Gyeongsung General Construction concluded a performance guarantee insurance contract as indicated in the separate sheet (hereinafter “instant insurance contract”) with the Defendant on January 10, 201, and the Plaintiffs, J, and K concluded a contract with the Defendant to jointly and severally perform all obligations of the guaranteed insurance contract arising from the instant insurance contract on the same day (hereinafter “joint and several guarantee agreement in this case”).

E. On March 28, 2011, the Intervenor filed a claim against the Defendant for insurance money on the ground that the Gisung General Construction received intermediate payment and did not perform the construction work. The Defendant is KRW 100,000,000.

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