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(영문) 서울중앙지방법원 2017.02.09 2015가단5130659
보증채무이행
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.

Reasons

1. Basic facts

A. On June 18, 2012, the Plaintiff entered into the first contract with the Republic of Korea (a competent jurisdiction: the Armed Forces Finance Management Body; hereinafter the same shall apply) on “C Corporation” and completed and settled the construction under the said first contract on December 31, 2012.

B. On March 21, 2013, the Plaintiff entered into a second contract with the Republic of Korea on “C Corporation” and the main contents of the contract are as follows.

(hereinafter the above construction work is referred to as the "original contract of this case", and the above contract is referred to as the "original contract of this case". The contract of construction work (II) 1. contractor: the contractor of the Republic of Korea (the Armed Forces Finance Management Office): The plaintiff

2. Name C Corporation (Secondary);

3. Contract amount of 2,035,683,00 won (amount for a total construction work: 3,488,275,000 won);

4. Period from March 21, 2013 to December 17, 2013 (the extension to August 19, 2014 by a modified contract with three times thereafter).

5. Contract price per construction work and construction work: 76,63,780 won reinforced concrete construction work: 637,987,802,956,608 won: Not more than 536,143,744 won;

C. On April 8, 2013, the Plaintiff drafted a subcontract agreement with Defendant Supplementary Intervenor A (hereinafter “A”) to the contract amount of KRW 511,588,00 with respect to soil works during the instant prime contract, and the construction period from April 8, 2013 to December 17, 2013 (the period of two changes made thereafter to July 8, 2014).

(hereinafter referred to as "subcontracts with A" under the above subcontract. D.

On April 8, 2013, the Plaintiff’s subcontract agreement between the Defendant Intervenor B Co., Ltd. (hereinafter “B”) and the Defendant’s Intervenor B (hereinafter “B”) on the terms of contract amounting to KRW 710,028,00 with respect to water supply and sewerage system installation works among the instant prime contract works, and the construction period from April 8, 2013 to December 17, 2013 (the period shall be extended from April 8, 2013 to July 8, 2014 with respect to the packing works among the instant prime contract works, and the contract amounting to KRW 193,930,00,00 and the construction period.

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