logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.05.03 2017가합553296
보증금 청구의 소
Text

1. The Defendant’s KRW 351,625,740 for the Plaintiff and KRW 6% per annum from November 13, 2016 to May 3, 2019.

Reasons

1. Basic facts

A. On May 27, 2015, the Plaintiff’s subcontract and the Defendant’s contract guarantee 1) contracted for C construction works by the Korea Rail Network Authority (hereinafter “Korea Rail Network Authority”)

E. hereinafter referred to as “D”

2) The construction completion work among the above construction work (hereinafter “instant subcontracted work”)

) The subcontract agreement for the construction work (hereinafter referred to as the “instant subcontract”) is to be subcontracted in 6,906,900,000 won for the construction cost.

(2) On May 27, 2015, the Defendant issued to the Plaintiff a contract guarantee of the instant subcontract from May 27, 2015 to May 31, 2016, the guarantee amount of KRW 690,690,000, and the guarantee period of the instant subcontract from May 27, 2015 to May 31, 2016.

The contents of the subcontract (contract) guarantee clause attached to the above guarantee clause (hereinafter referred to as the "guarantee clause in this case") are as follows. Article 1 (Liability for Guarantee) (1) B (hereinafter referred to as the "Association") of the Subcontract Clause (hereinafter referred to as the "Contractor") fails to perform the contractual obligations of construction works, etc. on the front of the contract, which is entered on the front of the contract (hereinafter referred to as the "debtor"), and pays to the other party (hereinafter referred to as the "Guarantee obligee") in accordance with the terms and conditions stated in the Guarantee Clause.

Article 3 (Limits to Discharge of Guarantee Obligations) (1) A guarantee creditor shall confiscate or revert to the extent of the amount guaranteed as specified in this Guarantee Form, as prescribed by the principal contract or other relevant Acts and subordinate statutes.

However, if there is no forfeiture or reversion clause on the principal contract, etc., I will be the actual amount of damage among the claims by the guarantee creditor within the limit of the guaranteed amount.

Article 9 (Time to Pay Deposit) The Cooperative shall, upon receipt of a claim for a deposit, receive documents related to damage evaluation from the guarantee creditor and determine the deposit to be paid without delay after the investigation necessary for the payment of the deposit, and seven days when the deposit is determined.

arrow