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(영문) 서울중앙지방법원 2015.07.22 2014가합30488
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. On May 2, 2008, the Plaintiff subcontracted the construction period of the main household construction (hereinafter “instant construction”) from May 2, 2008 to October 31, 2008, the construction price of construction, the construction price of KRW 4,250,000,000, and the contract price of the contract deposit rate of KRW 10% to the non-party Dongyang-gu Ltd. (hereinafter “Dongyang-gu”)

(hereinafter “instant subcontracted construction contract”). B.

In order to guarantee the performance of the obligation under the subcontract contract of this case to the plaintiff, the Dongyang-do shall enter into a contract for performance guarantee with the defendant on May 27, 2008 (hereinafter "the contract for performance guarantee of this case"), and deliver it to the plaintiff upon receipt of the contract performance guarantee (the guarantee creditor column was entered as "the main guarantee creditor column" due to mistake). The contract for performance guarantee of this case provides that the contract for performance guarantee of this case is an accident of guarantee, and the contract for performance guarantee of this case, which falls under the main contract, may submit the prescribed documents and claim for the performance of the guaranteed obligation to the defendant within the limit of the deposit.

C. However, although the Dongyang-si has a duty to complete all of the main household construction work by October 31, 2008, which is the date of completion agreed under the subcontract construction contract of this case, the Plaintiff failed to perform the construction work normally due to financial difficulties. On August 26, 2008, the Plaintiff sent a certificate of the content that “the planning process submitted at the time of the contract was delayed several times, and the contract of this case was terminated due to the failure to conduct the field survey until August 26, 2008,” and the above notice reached the Dongyang-si area around that time.

On May 28, 2009, the Plaintiff demanded that the Defendant pay KRW 425,00,000 according to the contract performance guarantee contract of this case.

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