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(영문) 대구고등법원 2015.11.05 2014나5365
계약보증금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a village development cooperative established by the faculty members of the Gyeongbuk-do University in order to create a 114-household village in the size of 114 households as part of the “living environment improvement project” under the Rearrangement of Agricultural and Fishing Villages Act on the land of 218,473 square meters in Mari-ri, Mari-si, Mari-si, Mari-do,

The defendant is a mutual aid association established to promote the independent economic activities and status of construction companies, and to contribute to the development of construction business, and carries out bid guarantees, contract guarantees, etc.

B. 1) The Plaintiff entered into a contract on January 31, 2012 (hereinafter “EE”) with E.S. Construction Co., Ltd. (hereinafter “E.”).

(1) The Korea Development Corporation (hereinafter referred to as the “First Corporation”) shall provide Es.I.D. to Es. for the village development for all staff members of the Korea National University at Es.

(A) the contract agreement under which the contract shall be made for the construction cost of KRW 15.3 billion (excluding value-added tax) and for the construction period from January 31, 2012 to June 30, 2013 (hereinafter referred to as “first contract for construction”).

(1) A general construction company (hereinafter referred to as “ordinary construction company”) was entered into and entered into.

(2) On January 28, 2013, the Plaintiff and E.S. entered into a modified contract with the effect that the construction cost of the first construction would be increased to KRW 21,313,280,000 (hereinafter “the first construction modification contract”) upon the modification of the design made on January 28, 2013 (hereinafter “the normal type of construction work”). The normal type of construction works jointly and severally guaranteed the Plaintiff’s obligation of E.S. under the modified contract.

3) On May 10, 2013, the Plaintiff’s construction works and landscaping works between E.S. and E.A. (hereinafter “Second construction works”) on B25,26 construction works between E.S. and E., and the first and second construction works are “each of the instant construction works”.

(1) The term “the second contract for construction work” refers to a contract under which the contract for construction work is to be made between May 10, 201 and August 31, 2013 (hereinafter “the second contract for construction work”), and “the first contract for construction work, the first contract for construction change, and the second contract for construction work.”

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