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(영문) 서울남부지방법원 2016.06.23 2015가합105262
보증금 청구의 소
Text

1. The Defendant: (a) KRW 2,100,000,000 to the Plaintiff; and (b) KRW 20% per annum from July 3, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an enterprise that produces and sells equipment during construction, public works, machinery, engines, etc., and entered into an “Agreement on Supply of Parts and Materials” (hereinafter “instant prime contract”) for the supply of parts and materials necessary for the manufacture of OEM products and Plaintiff parts under an OEM agreement entered into on April 11, 201 with an advanced fixed-term company (hereinafter “Prior fixed-term company”) on November 17, 201 and a standard subcontract agreement entered into on September 17, 2013 (hereinafter “instant purchase agreement”).

The defendant is a mutual-aid association which has been invested in KRW 1,219,761,300 as of December 31, 2014 in an institution that provides various guarantees, such as bid guarantees, contract guarantees, and payment guarantees, from advanced institutions.

B. On November 17, 2014, in order to guarantee the guarantee of material payment to the Plaintiff under the instant prime contract with the Defendant, the advanced Party of the payment guarantee contract between the Defendant and the Defendant entered into a guarantee contract (hereinafter referred to as the “payment guarantee contract of this case”) with the Defendant, which stipulates that the guarantee contract of this case is stipulated as the guarantee contract holder (a debtor), the guaranteed party (a guarantor), the guaranteed party (a guarantor), the amount guaranteed as “Plaintiff,” the amount guaranteed as “2,100,000,000,000,” the name of the prime contract, “Agreement on the Supply of Parts and Materials,” and the guarantee period as “from November 17, 2014 to May 30, 2015.”

On December 8, 2014, the Plaintiff received (materials) payment guarantee under the instant payment guarantee contract (hereinafter referred to as “instant guarantee”).

C. From October 2014 to November 201, 2014, the Plaintiff supplied advanced workers with materials equivalent to KRW 3,866,570,60,607 in the form of a purchase agency as stipulated in the instant prime contract, and collected KRW 1,766,570,607 during the same period.

On December 31, 2014, the advanced ruling was filed with the Daejeon District Court in accordance with the Debtor Rehabilitation and Bankruptcy Act.

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