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(영문) 서울중앙지방법원 2014.08.28 2013가합552943
하자보수보증금 청구의 소
Text

The plaintiff's primary and conjunctive claims are all dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On November 4, 2010, the Plaintiff entered into a contract with the Yeonsu-gu Incheon Metropolitan Government 21,014-dong 1,014-dong 21 (hereinafter “instant apartment complex”) under which the construction work for the construction work for the new construction of the instant apartment (hereinafter “instant construction work”) was entered into between the construction work for the new construction of the instant apartment (hereinafter “instant apartment”) and the construction work for the construction work for the construction cost of KRW 5,842,260,00, the contract bond of KRW 584,226,00,00, and the construction period of KRW 584,26,000, and the subcontract bond of KRW 584,26,000, and from November 4, 2010 to June 30, 2012 (hereinafter “instant subcontract”).

B. Since then, the Plaintiff and Daehan changed the terms of the instant subcontract over several occasions. On September 6, 2011, the Plaintiff changed the construction cost of the instant subcontract to KRW 5,954,988,570, and finally on May 21, 2012, the construction period of the instant subcontract was changed to KRW 5,837,361,787, and the construction period was changed to May 25, 2012.

C. Pursuant to the instant subcontract contract deposit agreement, Latti entered into a subcontract performance guarantee agreement with the Defendant to guarantee the Defendant’s obligation to perform the contract (hereinafter “instant subcontract performance guarantee agreement”). Accordingly, on November 8, 2010, the Defendant issued a contract guarantee amount of KRW 584,226,00, the guarantee period from November 4, 2010 to June 30, 201. On September 20, 201, the Defendant issued an additional guarantee amount of KRW 11,272,857, the guarantee period from September 6, 2011 to June 30, 2012.

On the other hand, Swiftships issued the above contract guarantee to the Plaintiff in lieu of the payment of the contract deposit under the instant subcontract.

Hayman performed the instant construction work in accordance with the instant subcontract.

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