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(영문) 창원지방법원진주지원 2014.12.03 2013가합4367
보증금반환
Text

1. The Plaintiff:

A. Defendant Construction Mutual Aid Association: (a) KRW 410,074,392; and (b) from June 13, 2013 to December 3, 2014

Reasons

1. Basic facts

A. On June 7, 2012, the Plaintiff entered into a contract with the Defendant Construction Mutual Aid Association (hereinafter “SAD”) and EAD Construction (hereinafter “EAD Construction”).

(2) The Construction Corporation of the Building Related to the Projects for the Modernization of Fishery Market Modernization (hereinafter referred to as the “instant Construction Corporation”).

(B) the contract amount of KRW 2,402,372,00 ( thereafter the contract amount has been increased to KRW 3,245,765,000;

(B) From June 12, 2012 to December 11, 2012, the construction period was extended to February 8, 2013.

up to the period fixed and awarded a contract (hereinafter referred to as “instant contract”).

(2) The Defendant Construction Mutual Aid Association’s letter of guarantee and the Plaintiff’s advance payment) E.S. A.D.’s advance payment guarantee agreement (hereinafter “instant advance payment guarantee agreement”) between Defendant Construction Mutual Aid Association and Defendant Construction Mutual Aid Association as of June 14, 2012, with a view to ensuring the Plaintiff’s performance of the obligation to return unpaid advance payment, setting the guarantee amount of KRW 1,180,526,00 and the guarantee period of KRW 1,180,526,00, and from June 14, 2012 to April 9, 2013 (hereinafter “instant advance payment guarantee agreement”).

(1) The Plaintiff entered into the instant advance payment of KRW 1,130,000,000 on June 15, 2012 (hereinafter “instant advance payment”) with the Defendant Construction Mutual Aid Association’s certificate issued to the Plaintiff.

(B) The main contents of the first advance payment guarantee agreement of this case are as follows.

Article 1 (Guarantee Responsibility) The Construction Mutual Aid Association (hereinafter referred to as the "Association") shall pay to policyholders (hereinafter referred to as the "debtors") obligations related to the front agreement (hereinafter referred to as the "Guarantees") due to the failure of the other party (hereinafter referred to as the "Guarantees") to meet the obligation related to the pre-paid contract (hereinafter referred to as the "debtors") within the warranty period (hereinafter referred to as the "Guarantees").

Article 3 (Limits of Performance of Guarantee Obligations) The deposit to be performed by the Union shall be limited to the amount guaranteed as specified in this Guarantee.

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