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(영문) 제주지방법원 2015.05.14 2013가합5769
보증금지급 청구
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 29, 2012, the Plaintiff is called “the instant construction project” between the development of Taeak Gyeong-si Co., Ltd. (hereinafter “ Taeak Gyeong-do Development”), and “the construction project behind the hinterland site for the international passenger terminal terminal of Jeju” (hereinafter “the instant construction project”).

B. A contract was entered into between the construction cost of KRW 692,301,59 and the construction period of KRW 2,183,228,000 for the total construction cost of KRW 692,301,59, and the construction period of KRW 30 from May 30, 2012 to March 29, 2013.

B. In order to guarantee the advance payment on June 8, 2012, Tae Ho Ho Ho-sung Development is the first guarantee contract of this case between the Defendant and the Plaintiff as the guarantee creditor and the guarantee creditor, and between June 8, 2012 to May 28, 2013, the guarantee period of advance payment guarantee contract of this case.

B and the Defendant received an advance payment guarantee from the Defendant and submitted it to the Plaintiff.

C. On June 11, 2012, the Plaintiff received a advance payment guarantee from Tae Ho-Gyeong Development, and paid KRW 484,50,000 for the said construction cost as advance payment, out of KRW 692,301,59.

After that, on March 29, 2013, the said contract was amended to extend the construction period to August 20, 2013, and the term of the said contract was changed to the effect that the term of the said construction works was extended to August 20, 2013. The term "the second guarantee agreement of the instant second guarantee agreement with the Defendant, which changes the guarantee period from May 29, 2013 to October 19, 2013, to the guarantee period from May 29, 2013 to October 20, 2013."

The terms and conditions of the above contract are as follows. The term "guarantee accident" in Article 1 (Liability) (2) refers to a debtor's failure to perform the obligation despite a claim for the return of the advance payment of the secured creditor, if any of the following causes for return of the advance payment occurs or other nonperformance occurs (in the case of occurrence within the warranty period mentioned in the foregoing paragraph, it refers to the debtor's failure to perform the obligation despite the claim for return of the advance payment of the secured creditor, and the following causes overlap:

The base date for the return of advance payment

1. The principal debtor;

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