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(영문) 서울중앙지방법원 2018.05.03 2016가합509544
계약이행보증금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the objective of civil engineering and construction works. The Defendant is a corporation with the objective of promoting independent economic activities and improving economic status of its members by providing necessary guarantees, financing and mutual-aid services to its members, and engaging in a business such as contractual guarantee.

B. The Plaintiff and the Defendant’s contract of guarantee and its contents 1) The Plaintiff’s construction contract between the Plaintiff and Sam-gu Development Co., Ltd. between the Plaintiff and Sam-gu Development Co., Ltd. (hereinafter “Tri-gu Development”).

between the Corporation and the Corporation (hereinafter referred to as the “instant earth and sand”)

(2) As to the construction contract of this case, the construction contract of this case (hereinafter referred to as the “land construction contract of this case”) shall be

(2) After the conclusion of the contract, the construction price and construction period of the above contract were finally modified five times on the grounds of the increase or decrease in the construction volume, and the construction period was finally fixed from July 21, 2012 to April 3, 2016. On October 29, 2012, the Plaintiff entered into a reinforced concrete construction project (hereinafter referred to as “instant reinforced concrete construction project”), which covers the said construction project and the instant soil construction project, and was determined from July 21, 2012 to April 3, 2016.

2) As to the instant construction contract, the instant construction contract is based on a construction contract with a construction cost of KRW 1.155 million (hereinafter “instant reinforced concrete construction contract”). The instant construction contract covers the instant contract and the instant soil construction contract.

(2) The Defendant’s contract guarantee form issued on August 10, 2012, changed the construction cost and the construction period on five occasions, and finally determined the construction period from October 29, 2012 to April 3, 2016. (2) The Defendant’s contract guarantee form issued on August 10, 2012, as well as the Plaintiff of Sam-gu Development.

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