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(영문) 대구고등법원 2018.10.05 2017나25551
양수금 등
Text

1. The judgment of the court of first instance is modified as follows.

The defendant is against the plaintiff A corporation of KRW 8,467,807 and this.

Reasons

1. Basic facts

A. On April 3, 2015, the Defendant (the trade name before the change was made by Q Q, but the trade name was changed as of October 19, 2016) entered into a contract with E Co., Ltd. (hereinafter “E”), under which E Co., Ltd. (hereinafter “E”), newly constructs ten factories on the land above F and T thirteen parcels on the ground of door-si (hereinafter “instant construction”) with the Defendant (hereinafter “Defendant-E contract”).

The main contents of the defendant-E contract are as follows:

The name of the G Corporation: The date on which the F (Rdong, Sdong, Tdong, Udong, Vdong, Wdong, X-dong, Ydong, Zdong, and AAdong) starts on April 3, 2015 at the time when the completion of the project is completed on April 3, 2015: The contract amount: the contract amount on July 30, 2015: 2,950,000,000 won (excluding value-added tax): 0.01% other matters: the completion date of the building except Rdong shall be May 30, 2015.

Added: Article 4 (Contract Deposit) of the General Conditions of the Contract for Private Construction Works. (2) A contract bond under paragraph (1) may be paid in a letter of guarantee issued by any of the following institutions:

1. Certificates issued by each mutual-aid association under Article 54 (1) of the Framework Act on the Construction Industry; and

2. A letter of guarantee issued by a guarantee insurance company, the Credit Guarantee Fund, or equivalent institution;

3. Payment guarantee or certificate of deposit by financial institutions;

4. Article 31 (Security) (1) In order to guarantee the repair of defects of construction works, the defendant shall pay to E, in cash or as a guarantee certificate issued by the guarantee agency referred to in the subparagraphs of Article 4 (2), the amount calculated by multiplying the contract amount by the rate of warranty bond for defects (hereinafter referred to as "guarantee bond") stipulated in the contract to the guarantee of the repair of defects of construction works;

B. The Defendant entered into a contract with H around the date of the Defendant-E contract, and the Defendant further subcontracted part of the instant construction work to the Nonparty, including P Co., Ltd. (hereinafter “O”) as indicated in the Defendant’s schedule of subcontracting, and the remainder of the construction work is below the contract that H executes.

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