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(영문) 서울중앙지방법원 2019.04.05 2017가합564159
보증금
Text

1. The Defendant’s KRW 230,000,000 to the Plaintiffs and 6% per annum from April 8, 2017 to April 5, 2019, respectively.

Reasons

1. Basic facts

A. The Plaintiffs’ demand and supply of construction works and subcontracting to D Co., Ltd. (hereinafter “E”) on September 17, 2015.

(2) On January 29, 2016, Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) subcontracted the construction of reinforced concrete to D Co., Ltd. (hereinafter “D”) for the price of KRW 2.950,200,000,000 among the construction of the rest facilities.

(hereinafter the above reinforced concrete construction works are called the "subcontract construction of this case", and the subcontract contract concluded between the plaintiff A and D is called the "subcontract of this case".

On January 29, 2016, the Defendant issued a contract guarantee certificate to the Plaintiffs with the guarantee creditor, the guarantee creditor, and the guarantee amount at KRW 295,020,000, which guarantee D’s obligation to the subcontracted work.

The terms and conditions of contract guarantee attached to the contract guarantee certificate (hereinafter referred to as “instant guarantee terms and conditions”) related to this case are as follows:

Article 1 (Liability of Guarantee) C of the Terms and Conditions of Contracts (hereinafter referred to as the “C”) shall, if a contractor (hereinafter referred to as the “contractor”) fails to perform his/her obligation or obligation to the other party (hereinafter referred to as the “beneficiary”) due to any cause attributable to him/her in connection with the front entry contract, bear the guaranteed obligation in accordance with the terms and conditions of the guarantee, the details of the guarantee under Article 56(2)

Article 3 (Guarantee Accident) (1) The term "Guarantee Accident" means that a guarantee creditor terminates or terminates a contract within the guarantee period because a debtor fails to perform a contract without justifiable grounds.

Article 6 (Scope of Compensation) (1) The amount paid by the partnership shall be the actual amount of damage suffered by the guarantee creditor due to the guarantee accident within the guaranteed amount.

(2) The actual amount of damages shall not be any of the following amounts:

1. The debtor does not perform his obligations;

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