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(영문) 서울중앙지방법원 2016.06.10 2015가단5098786
하도급대금지급보증금 청구
Text

1. The Defendant’s KRW 93,50,000 and the Plaintiff’s KRW 20% per annum from May 19, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. Nonparty East Construction Co., Ltd (hereinafter “Dong Construction”) was awarded a contract for construction of the construction of the construction of the national highway 39 on June 3, 2005 to April 30, 2015, and the construction cost was KRW 129,419,00,000 for the construction cost.

B. On September 23, 201, the Plaintiff was from the Dongbu Construction around September 23, 201.

From September 23, 2011 to December 13, 2013, the packing construction period of the port national highways 39 lines construction works was determined and subcontracted as KRW 366,300,00 (excluding value-added tax). Since then, a contract was entered into to modify the contract amount and the construction period in sequential order. The construction period from November 27, 201 to December 31, 2014 was finally changed from September 23, 201 to December 31, 2014, and the construction cost was KRW 853,00,000 (excluding value-added tax).

C. Meanwhile, on September 28, 201, Dongbu Construction entered into a payment guarantee contract with the Defendant on the condition that, in order to guarantee the obligation to pay the subcontracted construction cost to the Plaintiff of Dongbu Construction, it shall be KRW 366,30,000, the lower limit amount is KRW 52,895,300, the guarantee amount is KRW 52,895,300, and the guarantee period is from September 23, 2011 to December 31, 2013. Since then, the Defendant entered into a payment guarantee contract with Dongbu Construction in order with Dongbu Construction in accordance with the contract to change the subcontracting between Dongbu Construction and the Plaintiff, and finally, on January 8, 2014, the lower limit is KRW 700,700,000, the guarantee amount is KRW 101,184,110, the guarantee period is changed from September 23, 2011 to March 31, 2015.

(hereinafter “instant guarantee contract”). D.

The Plaintiff received KRW 649,180,288 as the price for construction up to August 2014, but failed to receive KRW 93,500,000 for the payment of the price for construction up to September 2014.

E. Accordingly, on January 9, 2015, the Plaintiff requested the Defendant to pay insurance money equivalent to the amount payable, but the Defendant rejected the payment.

Grounds for recognition: Gap evidence 1 to 9, Eul evidence 1-1, 1-1, 1.

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