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(영문) 서울중앙지방법원 2016.02.03 2015가단5088857
보증금 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that aims at civil engineering and construction business, and the Defendant is a mutual aid association that aims to promote the sound development of construction business by promoting voluntary economic activities and improving economic status of its members through providing necessary guarantees, financing and mutual aid services to its members.

B. On October 31, 2014, the Plaintiff concluded a lease agreement on construction machinery lease agreement (hereinafter “instant construction machinery lease agreement”) under which the Plaintiff shall pay the Plaintiff the construction machinery unit works among the five construction sections (hereinafter “instant construction works”) from October 31, 2014 to December 31, 2014 (C; hereinafter “instant construction machinery”) at the site of the construction machinery development company (hereinafter “the instant construction works”) and the Hancheon Construction Co., Ltd. (hereinafter “the instant construction machinery”) and the construction machinery unit works under the contract with the Hancheon Construction Co., Ltd. (hereinafter “the instant construction works”) for the total period of two months from October 31, 2014 to December 31, 2014 (hereinafter “the instant construction machinery”).

(c) On November 21, 2014, in order to guarantee the payment under the instant rental contract against the Plaintiff, the amount of guarantee: 110,000,000 won and guarantee period: From November 21, 2014 to December 31, 2014; and the trade name of the construction machinery rental business in the unit of guarantee creditor (construction machinery rental business under the Construction Machinery Management Act): The Plaintiff, the owner of machinery, the number of the owner of machinery, and the number of the owner of machinery: The letter of guarantee (hereinafter referred to as the “written guarantee”) written guarantee in the instant case.

B delivered to the Plaintiff. D.

The Plaintiff leased the instant construction machinery from October 31, 2014 to December 31, 2014 in accordance with the instant rental contract, but the Plaintiff did not pay rent on the ground that it was the principal contractor, the building contractor, the building contractor, the building contractor, and the building contractor, the building contractor, the building contractor, and the building contractor, the building contractor, the building contractor, and the building contractor,

E. Accordingly, on January 6, 2015, the Plaintiff pursuant to the instant guarantee agreement to the Defendant.

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