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(영문) 서울중앙지방법원 2020.04.08 2019가합526953
계약이행보증금 등 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Status of the parties, etc. 1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”).

)는 토목건축공사업, 포장공사업 등을 목적 사업으로 하는 법인이고, 원고 주식회사 B(이하 ‘원고 B’이라 한다

(2) The Plaintiffs are corporations that are engaged in landscaping construction business, etc. as joint contractors of D Corporation (Section 1). (3) The Plaintiffs are corporations that are engaged in landscaping planting business, landscaping facility installation business, etc.

3) The Defendant is a corporation established for the purpose of providing various guarantees, financing, and mutual aid services for the performance of construction works by its members who run a construction business. B. The Plaintiff A entered into the instant subcontract on March 21, 2016, which was landscaping planting and landscaping facility construction among the non-party company and D Corporation (Section 1) (hereinafter “instant construction”).

As to the construction period, the construction subcontract agreement for the construction project (hereinafter “instant subcontract agreement”) is determined from March 21, 2016 to June 9, 2018.

The contents of the instant subcontract are as follows. Of the contents of the instant subcontract, the parts related to the instant case are as follows:

(3) The guarantee between the plaintiff A and the non-party company under paragraph (1) shall be made either in cash or in delivery of a letter of guarantee under any of the following subparagraphs, and shall be immediately notified to the other party when the contract for guarantee is modified or terminated:

1. FFF Mutual Aid Association, CFF or a guarantee insurance company, and the Korea Credit Guarantee Fund, issued by a guarantee agency equivalent thereto; 6. The Plaintiff A cancel or cancel all or part of the contract pursuant to Article 25(1) as the non-party company fails to perform its contractual obligations.

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