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(영문) 서울중앙지방법원 2017.06.29 2016가합518531
계약보증금 청구의 소
Text

1. The Defendant’s KRW 271,859,00 for the Plaintiff and 6% per annum from April 20, 2016 to June 29, 2017.

Reasons

1. Basic facts

A. On March 10, 2015, the Plaintiff entered into a contract and a guarantee agreement with respect to an Ansan Factory. (1) On March 10, 2015, the Plaintiff is Boeman Co., Ltd. (hereinafter “ Boeman”).

) In addition, the construction of the extension and remodeling of the Ansan-si factory located in Ansan-si Member B operated by the Plaintiff (hereinafter “instant construction”).

A) A contract for a construction project was concluded between KRW 7 billion for the construction cost (excluding value-added tax) and the construction period from March 16, 2015 to May 31, 2016 (hereinafter “instant contract”).

(2) On March 10, 2015, Boenna entered into a contract guarantee agreement with the Defendant, the secured creditor, the Plaintiff, the guaranteed amount of KRW 770 million, the guarantee period from March 10, 2015 to May 31, 2016 (hereinafter “instant guarantee agreement”), and issued a contract guarantee certificate from the Defendant, and issued it to the Plaintiff.

The main contents of the contract guarantee agreement applicable to the contract guarantee agreement of this case are as follows.

Article 1 (Guarantee Responsibility) (1) The defendant shall pay to the other party obligations due to the contractor's failure to perform his/her contractual obligations, such as front entry and construction works, in accordance with the terms and conditions of this Guarantee.

Article 3 (Limits to Performance of Guaranteed Obligations) (1) The guaranteed amount that the Defendant is to pay shall be forfeited or forfeited to the guarantee creditor to the extent of the guaranteed amount specified in this Guarantee Form, as prescribed by the principal contract or other relevant Acts and subordinate statutes.

However, if there is no forfeiture or reversion clause on the main contract, etc., it shall be the actual amount of damage among the amounts claimed by the guarantee creditor within the limit of the guaranteed amount.

B. On May 30, 2015, the Plaintiff notified the Plaintiff on June 1, 2015, that “the instant construction cannot be performed any longer for financial reasons,” and the Plaintiff on the same day.

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