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Reasons
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(영문) 서울중앙지방법원 2017.11.15 2017가합511964
계약보증금 청구의 소
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1. The Defendant’s KRW 388,123,454 as well as the Plaintiff’s KRW 6% per annum from August 12, 2016 to November 15, 2017, and the following.

Reasons

1. Determination on the cause of the claim

(a) The facts under the recognition do not conflict between the Parties, or are recognized by adding up the whole purport of the pleadings to the entries in Gap evidence Nos. 1 to 5, 11, 13 (including all of the serial numbers; hereinafter the same shall apply) and Eul evidence Nos. 4 and 5;

1) On May 27, 2011, the Plaintiff changed its trade name into “A comprehensive construction company” (A.B.).

hereinafter referred to as “foreign company”

B) As between June 2, 2011 and July 6, 2012, the non-party company (hereinafter referred to as the “instant community service center”) shall be the Yeongdeungpo-gu A community service center in Yeongdeungpo-gu (hereinafter referred to as the “instant community service center”).

(2) According to the following provisions, the non-party company, which entered into a construction contract with the Plaintiff, shall pay to the Plaintiff the deposit equivalent to 15% of the construction cost, and the non-party company shall pay to the Plaintiff the deposit equivalent to the amount of 15% of the construction cost. On May 26, 2011, the non-party company, who entered into the construction contract with the Plaintiff, shall substitute the deposit with the guarantee issued by the Defendant for the bond issued by the Defendant, the guarantee amount of KRW 584,84,467, guarantee period of KRW 467, and the guarantee period of KRW 27, 2012, which shall be determined by the construction cost.

3) Accordingly, the Plaintiff and Nonparty Company concluded the instant contract and the instant contract, including the initial contract and modified contract and the instant contract and the instant contract, with the content that the total construction cost was increased to KRW 3,952,541,144 on September 13, 2012; the date of completion was changed to December 21, 2012; and among them, the amount of the secondary construction cost was determined to be KRW 954,57,144 (hereinafter referred to as “the instant contract”).

(4) Accordingly, the non-party company’s contract bond amount is KRW 592,881,171 from the Defendant on September 14, 2012.

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