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(영문) 서울중앙지방법원 2017.06.16 2016가합511851
보증금청구의 소
Text

1. As to KRW 500,934,389 and KRW 85,400,00 among them, the Defendant shall pay to the Plaintiff KRW 500,934,389 from September 15, 2012, and KRW 215,790,297.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that operates housing construction business, and the Defendant is a corporation that provides necessary guarantees, loans, and mutual aid services to the members to the mutual aid association established by the constructors who obtained a license for specialized construction business.

B. On July 14, 2010, after receiving a contract for the new construction of Cheongra 7 block block from AIM Construction Co., Ltd., the Plaintiff entered into a subcontract with YM Construction Co., Ltd. (hereinafter “Maroto”) on the basis of KRW 2.747,80,000 for the incidental civil works during the said construction. On November 24, 2010, the Plaintiff agreed to pay KRW 274,780,000 for advance payment.

From July 14, 2010 to March 31, 2012 from July 14, 2010 to March 31, 2012, the guarantee contract for the performance of the contract that causes the guarantee amount of 274,780,000, and the guarantee contract for the return of advance payment that causes the guarantee amount of 274,780,000 from November 25, 2010 to March 31, 2012, respectively.

On July 23, 2010, the Defendant issued, respectively, a contract guarantee to guarantee the performance of the White Land Contract, and an advance payment guarantee to guarantee the return of White Land advance payment on November 25, 2010.

The Plaintiff notified the cancellation of the subcontract on September 9, 201, when it was unable to carry out the construction work properly.

C. On September 1, 201, after having been awarded a contract for a new housing construction project in B district with a company A, the Plaintiff entered into a subcontract on September 1, 201 with regard to the construction cost of reinforced concrete construction (2-2 sections) during the said construction project with the said company.

From September 1, 2011, to March 31, 2013, the wooden Construction entered into a contract guarantee contract with the Defendant for the performance of the contract during the guarantee period, and from September 1, 2011, to March 31, 2013. The Defendant issued a contract guarantee contract guarantee contract guaranteeing the performance of wooden Construction in the future of the Plaintiff on September 7, 2011.

The plaintiff is urged to implement the prompt construction works on May 2, 2012, as the wooden Construction was not properly carried out.

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