(영문) 제주지방법원 2019.04.04 2017가단59484

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(영문) 제주지방법원 2019.04.04 2017가단59484

보증금지급 청구의 소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 2, 2017, between the Plaintiff and C (hereinafter “C”) on March 2, 2017, the Plaintiff: (a) the principal contractor is the Plaintiff; (b) the contractor is the name of the subcontractor; (c) the new construction of the multi-family house (b) the name of the subcontractor; (d) the name of the subcontracted construction is the reinforced concrete construction (hereinafter “instant construction”); and (e) the construction period from March 2, 2017 to March 2

4. up to 30.30. The contract amount was set out in the standard subcontract form for construction business type (hereinafter referred to as “instant contract”) which stipulates as KRW 190,000,000, and the said contract was set up.

B. For the purpose of guaranteeing the subcontract price stated in the instant contract at C’s request, the Defendant, upon receipt of the instant contract from C, shall, on March 9, 2017, provide for the guaranteed price of KRW 190,000,000, subcontract price of KRW 190,000,000, and the construction of reinforced concrete among the construction of multi-family houses under the name of contract (B) and the guarantee period of the instant contract from March 2, 2017.

7. On the 29th day of the subcontract consideration payment guarantee (hereinafter the above payment guarantee of subcontract consideration referred to as the "instant guarantee" and the written subcontract consideration payment guarantee (hereinafter referred to as the "instant guarantee").

C. The plaintiff asserts that since C did not pay the subcontract price even after completion of the construction work as stipulated in the contract of this case, the defendant should pay the plaintiff the subcontract price of KRW 190,000,000 as stated in the letter of guarantee of this case, which the plaintiff performed after the issuance of the letter of guarantee of this case, and the delay damages for such payment.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 3, and 5, obvious facts to this court, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff a deposit of KRW 29,000,000 and delay damages pursuant to the contract of this case, except in extenuating circumstances.

As to this, the defendant shall have the contract of this case.

유사 판례

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-대전고등법원 2016.04.06 2015나10842

-수원지방법원 성남지원 2018.07.17 2017가합406698

-광주지방법원 2018.06.20 2017나53162