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(영문) 서울중앙지방법원 2018.12.12 2017가합548492
계약보증금 등 청구의 소
Text

1. Defendant E, Inc.:

A. As to Plaintiff A Co., Ltd. in KRW 2,369,022,670 and KRW 1,375,682,00 among them.

Reasons

1. Basic facts

A. 1) Plaintiff A, Plaintiff B, Plaintiff C, and Plaintiff D constitute a joint supply and demand organization with a share of 10% for Plaintiff A, Plaintiff B, Plaintiff C, and Plaintiff D, respectively. Under the Korea Land and Housing Corporation’s supply and demand of H Road Construction Works (hereinafter “instant project”). On April 26, 2013, the Plaintiffs entered into the instant subcontract agreement with the Defendant Company for the increase of construction price as KRW 18,70,000 (including value-added tax), and for the construction work and tunnel construction (hereinafter “instant subcontract”) from April 26, 2013 to June 30, 2015, each of the terms and conditions of the instant subcontract were amended to KRW 18,70,00,000 (including value-added tax), to KRW 20,000,000,000 for each of the following construction works, and each of the instant subcontract agreement was amended to KRW 18,960,00,000,000.

1. The method of guaranteeing the contract performance of an amount equivalent to 10% of the contract amount to Gap.

1. A letter of guarantee issued by an equivalent guarantee organization, such as the I Association,F Association, guarantee insurance company, and the Credit Guarantee Fund;

2. National or local bonds;

3. A financial institution's payment guarantee or certificate of deposit (6) shall not perform its contractual obligations.

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