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(영문) 대구지방법원포항지원 2015.02.09 2014가합40270
선급금보증금 청구의 소
Text

1. The Defendant’s KRW 86,368,710 for the Plaintiff and KRW 5% per annum from July 5, 2012 to February 9, 2015.

Reasons

1. Facts of recognition;

A. On June 25, 2012, the government-owned military finance management body under the Plaintiff’s control contracted for the construction of Hanju Co., Ltd. (hereinafter “ Hanju Construction”) at KRW 2,047,876,00 for the construction cost, and the construction period from June 25, 2012 to August 24, 2013, for advance payment KRW 600,000 for the construction period.

(hereinafter referred to as the “instant construction contract”) between the Plaintiff and Hanju Construction.

In order to guarantee the obligation to pay advance payment under the instant construction contract, Hanju Construction concluded a guarantee agreement with the defendant as to 1/2 of the advance payment, and received a contract guarantee agreement with the defendant as to the guarantee creditor (the guarantee amount shall be KRW 307,181,400, and the guarantee period shall be from June 25, 2012 to August 24, 2013) and delivered it to the government-owned military finance management body. On the same day, it concluded a guarantee agreement with the Seoul Guarantee Insurance Co., Ltd. as to the remainder of 1/2 of the advance payment, and delivered the guarantee guarantee agreement (the guarantee amount shall be KRW 323,769,870, guarantee period from June 29, 2012 to October 23, 2013) to the government-owned military finance management body.

C. The Plaintiff, under the Plaintiff’s control, paid KRW 600,000,000 as advance payment to Hanju Construction on June 29, 2012, and KRW 300,000,000,000, in total, pursuant to the instant construction contract, to the Plaintiff’s Mutual Aid and Finance Management Group of the Government Bureau of the Republic of Korea under the Plaintiff’s control of the Plaintiff and the Marine Corps B History group of the Marine Corps.

The plaintiff is the "1 and the second step test" of the data on the current status of the first and second steps submitted by the Korea National Defense Facility Headquarters C to the Korea National Defense Facility Group C, which is called the "1 and the second step test."

(1) On December 6, 2012, the following amount was calculated as 38.33% on November 30, 2012 and the progress payment amount of KRW 785,000,00 for the first time on December 6, 2012 (excluding advance payment settlement amount of KRW 229,94,390) was paid KRW 55,005,610, and the amount of actual payment was calculated as 71.21% on December 14, 2012 and calculated as 71.21% on December 28, 2012.

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