logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.10.22 2018가단5039160
계약보증금 청구의 소
Text

1. As to KRW 60,193,257 and KRW 52,944,60 among the Plaintiff, the Defendant shall have 6% per annum from January 3, 2017 to March 12, 2018.

Reasons

1. Facts of recognition;

A. On December 19, 2014, the Plaintiff entered into a subcontract with D Co., Ltd. (hereinafter “D”) on the terms of the contract amount of KRW 5,321,80,000 (including value-added tax) and the construction period of the said construction works, between December 19, 2014 and February 15, 2016, with the contract amount of KRW 10% (532,180,000) of the contract amount.

B. After that, around February 16, 2015, the Korea Land and Housing Corporation notified the Plaintiff that “The contract price adjustment is scheduled according to the result of the analysis of the fluctuation rate of the index of construction works described in paragraph (a).” On or after the base point of time (2014.12.2.), it notified the Plaintiff that “the said construction works are subject to the price index adjustment rate -3.36% of the contract price price index adjustment rate of the said construction works,” and then notified the Plaintiff that “the said construction works are subject to the price index adjustment rate -3.36% of the price index adjustment rate,” which reflects the expected adjustment rate in relation to the payment for completed portion.”

Accordingly, the Plaintiff is placed D twice on August 18, 2015 and November 24, 2015, respectively.

The Plaintiff notified D around November 24, 2015 that progress payment should be reflected at a rough estimate in accordance with the application of price fluctuation to the contract amount stated in the subcontract agreement as stated in the paragraph, and the contract amount and the adjusted amount subject to the adjustment of the said subcontract shall be as follows:

C. Meanwhile, D is between the Plaintiff and December 22, 2015.

A contract was entered into on July 31, 2016 to increase the contract amount to KRW 5,396,600,000 (including value-added tax) among the contents of the subcontract as described in the paragraph, and to extend the construction period to the period on July 31, 2016.

(hereinafter referred to as the "instant subcontract") d. of this case by reference to the said subcontract and this amendment contract.

Pursuant to the instant subcontract, D on December 24, 2014, with the Defendant on December 24, 2014, the guarantee creditor regarding the said subcontract shall be the Plaintiff, the guarantee creditor, and the amount guaranteed, KRW 532,180,00, and the guarantee period shall be December 19, 2014.

arrow