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(영문) 서울중앙지방법원 2017.09.01 2016가합505214
하도급대금지급보증금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The conclusion of the subcontract construction contract for the subcontracted construction work (hereinafter “NHC”) contracted from the ASEANS Co., Ltd. (hereinafter “ASEAN”), and subcontracted the construction period to the Plaintiff on December 10, 2014 by setting the construction period of KRW 834 billion (including value-added tax) for the construction cost of the land and structure, and KRW 669,70 million (including value-added tax) for the construction cost of the land and structure among the said construction works.

(1) ① The construction works are collectively referred to as “each of the instant construction works,” and the subcontract for each of the instant construction works is referred to as “each of the instant subcontract”). (b)

On April 29, 2015, the term “U.N.C.” entered into a payment guarantee agreement with the Defendant for the subcontract price as to the obligation for the payment of the construction cost of Bohman C.C. based on each of the instant subcontract (hereinafter “each of the instant guarantee agreements”) and issued the payment guarantee certificate for each of the said respective guarantee agreements as indicated below.

The main terms and conditions of each guarantee and guarantee agreement (hereinafter “instant terms and conditions”) are as follows:

The Construction Financial Cooperative (hereinafter referred to as the "Association") under Article 1 (Guarantee Liability) of the Terms and Conditions of April 29, 2015 from April 2015 to December 29, 2015, where the contractor (hereinafter referred to as the "debtor") fails to perform the obligation to pay the subcontract consideration for the front contract, the contractor (hereinafter referred to as "guarantee") shall pay to the other party (hereinafter referred to as "guaranteed creditor") the other party (hereinafter referred to as "guarantee") a debt (limited to the debt within the guarantee period) incurred in the guarantee period of April 18, 2015 to December 29, 2015.

§ 3.

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