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(영문) 서울서부지방법원 2016.10.06 2014가합33048
보증금 청구의 소
Text

1. The Defendant’s KRW 409,500,000 as well as 20% per annum from May 3, 2014 to September 30, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. Terms and conditions of the construction contract and the Plaintiff’s status 1) Chang Kitho Lake Co., Ltd. (hereinafter “ Chang Kitho”)

Around March 20, 2012, a joint contractor on March 20, 2012 (hereinafter referred to as “SS Construction”).

(BTL construction work (hereinafter referred to as “instant construction work”) between the 8 companies, such as Suwon-si 1147-2 above the 1147-2 of the Suwon-si, Suwon-si, the Suwon-si, and the party executives and employees accommodation-based private investment facility project (BTL).

As to the instant construction project, the contract amount was set at KRW 89,659,552,90, and the contract amount was concluded at KRW 89,659,52,900. (2) Thereafter, the Plaintiff (around the change: White Construction Co., Ltd.) was selected as a joint contractor with 18% equity in the construction ratio of the instant construction project as a substitute for the instant construction project.

Accordingly, around June 14, 2012, the Chang KA had agreed with eight joint contractors including the Plaintiff on the change of the construction contract of the instant construction contract into the Plaintiff.

B. 1) The Plaintiff’s subcontract agreement between the Plaintiff and the Dong Industrial Construction Co., Ltd. 1) around August 2012, the construction of the Dong Industrial Construction Co., Ltd. (hereinafter “Dong Industrial Construction”).

) Between the instant construction works, the reinforced concrete construction works (hereinafter referred to as the “instant reinforced concrete construction”) will be the same as the instant construction works.

(2) As to construction period from August 1, 2012 to April 6, 2014, construction cost was set as KRW 1,810,00,00 for construction cost, and contract bond as KRW 10% for construction contract amount. After that, the Plaintiff and the East Industries Construction changed the construction cost of the instant reinforced concrete construction contract into KRW 2,310,000 for increased KRW 500,000 for construction cost. (2) On August 2012, 2012, the Plaintiff entered into a subcontract agreement with the East Industries Construction and its appurtenant works (hereinafter “the instant land and appurtenant works”) on the construction period from August 1, 201 to April 6, 2014, the contract price of the instant construction work was set as KRW 1,60,000 for construction cost, KRW 1,685,00 for construction cost, and KRW 1,600 for construction cost.

2.3

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