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(영문) 서울중앙지방법원 2015.12.02 2015가합545604
선급금 보증금 청구
Text

1. The Defendant: (a) KRW 43,322,052, and KRW 70,678,539 to the Plaintiff Sate Construction Co., Ltd.; and (b) KRW 70,678,539.

Reasons

The summary of the instant case pertains to the Plaintiffs’ claim for the payment of the deposit against the Defendant, who guaranteed the Plaintiffs’ obligation to return the advance payment of the Postal Engineering Co., Ltd. (hereinafter “Postal”) and the obligation to return the advance payment of the time construction Co., Ltd. (hereinafter “the time limit”) and the performance of the contract.

On the premise, the plaintiffs formed a joint supply and demand organization and entered into a contract for construction works for new public sewage treatment plants such as Gwangju-si and Gwangju-si2.

The ratio of shares of the above joint venture is 40% for the plaintiff main construction company (hereinafter referred to as "the plaintiff's main construction company"), 30% for the plaintiff's main construction company (hereinafter referred to as "the plaintiff's main construction"), 20% for the plaintiff's main construction company (hereinafter referred to as "the plaintiff's main construction"), 20% for the plaintiff's Pakistan global (hereinafter "the plaintiff's main construction"), and 10% for the plaintiff's main construction company (hereinafter referred to as "the plaintiff's main construction").

On October 4, 2011, mail, such as the conclusion and guarantee of a subcontract with mail, entered into a subcontract agreement with the Plaintiffs for the period of contract 2,733,170,000 won and the period of construction from October 4, 201 to June 13, 2012.

On October 6, 201, the Defendant issued to the Plaintiffs an advance payment guarantee of the amount of guarantee 683,292,500 won guaranteed on October 6, 201, and the guarantee period from October 6, 201 to June 13, 2012, and issued an advance payment guarantee of the guarantee period from June 5, 201 to June 5, 2012, the guarantee period of which is extended from June 14, 2012 to June 3, 2012.

On July 10, 2012, Plaintiffs and Correspondence entered into a subcontract modification agreement which extends the construction period to October 1, 2012.

Accordingly, on September 5, 2012, the Defendant issued to the Plaintiffs an advance payment guarantee for the extension period of KRW 265,248,50, and from July 4, 2012 to October 1, 2012.

Since then, the construction period on October 23, 2012 between the plaintiffs and postal service.

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