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(영문) 광주지방법원 2017.08.17 2016가합56917
공사대금
Text

1. The part concerning the claim for the confirmation of existence of an obligation among the lawsuits in this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. On the date of a contract for construction works: The construction period of KRW 2,971,335,00 (including value-added tax): From August 21, 2015 to November 30, 2015;

A. (1) The Defendant was contracted by the Korea Rural Community Corporation (the Governor of the Seoul Regional Headquarters) with “B” (hereinafter “the instant construction”) and the main contents of the contract are as follows.

(2) On November 25, 2015, the Defendant and the Korea Rural Community Corporation concluded a contract for the instant construction project with the purport of increasing the construction amount to KRW 3,403,923,00 (including value-added tax) and extending the construction period to December 28, 2015.

The name of a construction project: The contract price for the construction project on August 24, 2015: 2,624,600,000 won (including value-added tax): The period from the commencement date to November 30, 2015 from the commencement date of the construction project: Contract bond to be paid at the same rate as that of the details within three days received from the project owner: 238,60,000 won;

B. (1) On August 24, 2015, the Defendant prepared and delivered a service contract for the supply of hot water and a service contract (hereinafter “instant primary service contract”) under which the instant construction project is collectively subcontracted to the Plaintiff. The main contents are as follows.

(2) Around August 26, 2015, the Defendant prepared and delivered to the Plaintiff a service contract for the supply of heat products and service contract (hereinafter “instant secondary service contract”) with the content that the construction cost of the instant construction project is KRW 1,100,000 (including value-added tax) and the contract deposit is changed to KRW 110,000,000.

C. On August 26, 2015, the Plaintiff concluded a performance guarantee insurance contract for KRW 110,000 as the contract bond for the instant construction project with the Defendant as the insured between Seoul Guarantee Insurance Co., Ltd. (hereinafter “instant guarantee insurance contract”) and submitted the performance guarantee policy issued by Seoul Guarantee Insurance Co., Ltd. to the Defendant.

On the other hand, the defendant around July 26, 2016, as Seoul Guarantee Insurance Co., Ltd., the plaintiff's business fund 104.

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