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(영문) 서울중앙지방법원 2017.11.29 2016가합574982
보증금 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a school juristic person that aims to provide educational services, and the Seocho-gu Seoul Metropolitan Government and three lots C Corporation (hereinafter “instant Corporation”) is a school juristic person that provides educational services.

2) The Defendant is a special law that is established under the Framework Act on the Construction Industry for the purpose of various guarantees and financing and mutual aid projects necessary for the performance of construction works by its members who run a construction business.

3) The Intervenor joining the Defendant (hereinafter “ Intervenor”)

(B) A company performing construction works is the contractor of the instant construction project. (B) On June 2015, the Plaintiff entered into a contract with the future public entity (hereinafter “undeveloped public entity”) around June 2015, the Plaintiff entered into a contract for construction works with the future public entity (hereinafter “undeveloped public entity”), and the future public entity entered into a contract for construction works with the public entity (hereinafter “undeveloped public entity”).

2) The south side of the instant construction project (hereinafter “the south side of the instant construction”).

(2) In order to prevent the ground collapse or collapse when installing soil-to-ptile works, construction works are originally planned to be executed by inserting H-ptile or steel bars after inserting the base of the CIP (Ptile) construction method, and forming concrete posts, and using soil as walls around August 2015 (hereinafter “soil-ptiling construction method”). However, construction works to prevent the ground collapse or collapse are originally planned to be executed by means of construction using soil bags as walls.

(3) A design drawing was drawn up between H-Ptile and h-ptile, changing the form of soil to a method of use as a wall by cutting earth, and the filling-up building was completed up up up up until the H-ptile construction phase according to the soil surface construction method; 3) future public officials were unable to perform the instant construction due to default on November 4, 2015.

C. (1) On November 30, 2015, the Plaintiff entered into a contract with the Intervenor for construction works (hereinafter “instant contract”) with respect to the Intervenor and the instant construction works, as follows (hereinafter “instant contract”).

(b) have entered into the agreement;

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