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(영문) 서울고등법원 2017.09.26 2016나2053945
보증금 청구의 소
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff and the Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”) concluded the instant contract

(2) The joint supply and demand organization (hereinafter referred to as the “joint supply and demand organization of this case”) shall be the joint supply and demand organization (hereinafter referred to as the “joint supply and demand organization”) with

2) On June 5, 2008, the construction work of Seongbuk-do apartment by the Korea Land and Housing Corporation is composed of 7 sections of the construction work of Seongdong-do, S1BL apartment (hereinafter “instant construction work”).

(1) The construction period of construction is set at KRW 78,760,837,00 for each contract (hereinafter “instant contract”) from June 10, 2008 to September 16, 2010.

(2) At the time of entering into the instant contract, the Plaintiff and the Intervenor prepared a “joint supply and demand agreement” as provided by Article 5 of the Guidelines for Management of Joint Contracts (Rules 2200.04-136-16 of the Ministry of Strategy and Finance) and submitted it to the Korea Land and Housing Corporation.

The above joint supply and demand agreement provides that the supplementary intervenor shall be the representative of the joint supply and demand agreement of this case (Article 3 of the joint supply and demand agreement of this case) and that the plaintiff and the supplementary intervenor shall be jointly and severally liable for the performance of their obligations under the contract of this case to the Korea Land and Housing Corporation.

(Article 6. 3 of the Joint Supply and Demand Agreement) The Plaintiff and the Intervenor appears to have made an ex post facto agreement in light of the fact that the changed construction period was “ October 14, 2010,” and the changed construction period was “No. 200” on November 15, 2010.

As of October 14, 2010, the Korea Land and Housing Corporation and the above construction period agreed to change the construction cost to KRW 87,486,337,80, respectively. As to the above Sungnam-do apartment completed as a result of the instant construction work, the approval for use was made on November 16, 2010.

B. The plaintiff and the supplementary intervenor who concluded the internal agreement between the plaintiff and the supplementary intervenor as seen earlier.

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