logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.12.23 2015가합33939
보증채무금
Text

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 12, 2014, the Plaintiff’s construction period between the member construction industry Co., Ltd. (hereinafter “Largecheon-do Construction Industry”) and the construction period of the “Land and Incidental Civil Works” (hereinafter “the instant construction work”).

3. From December 2 to December 20, 12, the construction cost, 691,90,000 won (prepaid amount shall be paid once a month, but shall be paid within 60 days after the acquisition of the object), the construction contract (hereinafter “the instant construction contract”) was concluded.

B. On March 31, 2014, the construction industry of the instant construction contract between the Defendant and the Defendant on March 31, 2014, the guaranteed amount of KRW 292,352,110, subcontract amount of KRW 691,90,000, and the execution date of the contract; the guarantee period of the instant construction contract.

3. A contract for the payment guarantee of subcontract consideration (hereinafter “instant payment guarantee contract”) was concluded from December 12 to March 20, 2015. The main contents of the terms and conditions of the payment guarantee of subcontract consideration included in the instant payment guarantee contract are as follows.

Article 1 (Guarantee Responsibility) In the event that a contractor (hereinafter referred to as the "debtor") fails to perform the obligation to pay the subcontract price for the front contract (hereinafter referred to as the "Guarantee Accident") (hereinafter referred to as the "Guarantee Claim"), the defendant (hereinafter referred to as the "Liability") pays to the other party (hereinafter referred to as the "Guarantee Creditor") the obligation (the payment date is limited to the obligation within the Guarantee Period) in accordance with the terms and conditions of this Guarantee.

Article 3 (Limits to Discharge of Guarantee Obligations) The deposit to be paid by the Union shall be the amount deemed to be in accordance with the standards of Article 7 from among the non-receiving claim out of the construction cost incurred by the actual execution of the guarantee creditor to the date of performance of the contract specified in the front guarantee statement from the date of performance of

However, the following amounts shall not be included:

5. The due date for the payment of subcontract consideration (in cases of bills, etc., the due date) shall expire within the guarantee period.

arrow