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(영문) 서울중앙지방법원 2017.03.23 2015가합575155
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 23, 2011, Scenic Industry Co., Ltd. entered into a contract for construction works for 1, A3 block apartment complexes with the Korea Land and Housing Corporation (hereinafter “instant construction works”), the contract amount of KRW 54,249,668,00, and the contract amount of KRW 300,00 for the construction works for 1,249,668,000, and the construction period of December 30, 201 (Civil Works) and from February 16, 2012 (Construction, Building, etc.) to August 31, 2013, and the contract amount of KRW 30,00,000 and KRW 305,00,000,000, and KRW 30,50,000,000,000, and KRW 31,205,31,205, etc. (hereinafter “the instant construction works”).

3) The main provisions pertaining to the performance of contracts and the guarantee, cancellation, and termination of the payment of the contract in the instant contract are as follows:

(2) The guarantee between a scenic industry stock company and a dry construction stock company pursuant to the provisions of paragraph (1) shall be paid in cash or by the delivery of a letter of guarantee falling under any of the following subparagraphs:

1. A letter of guarantee issued by a guarantee agency equivalent thereto, such as a construction mutual aid association, specialized construction mutual aid association, or guarantee insurance company.

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