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(영문) 서울중앙지방법원 2017.02.03 2016가합505122
계약이행보증금 청구의 소
Text

1. The Defendant’s KRW 794,240,755 as well as the Plaintiff’s KRW 6% per annum from May 16, 2015 to February 16, 2016, and the following.

Reasons

1. Basic facts

A. On June 5, 2014, the Plaintiff entered into a subcontract with the Seoul Regional Land Management Office (hereinafter “Dannam Industrial Development Company”) to enter into a contract for construction works with Nonparty East Construction Co., Ltd., two industry Co., Ltd., and Korea Development Co., Ltd., and a joint supply and demand company. (2) On June 5, 2014, the Plaintiff entered into a subcontract with the subcontractor with the terms of the contract amount of the construction works for the roads of Sungnam Industrial Development Co., Ltd., Ltd. (hereinafter “Dannam Industrial Development Co., Ltd.”). The Plaintiff entered into a subcontract with the subcontractor with the contract amount of the construction works for the roads of Sungnam-Namnam Industrial Development Co., Ltd. (including value-added tax), the construction period of the construction works for the roads of the Dannam Industrial Complex Co., Ltd. (hereinafter “Dansan Industrial Development Co., Ltd.”), from June 5, 2014 to December 3

(hereinafter “instant subcontract”). (b)

(2) On June 25, 2014, the Defendant entered into a contract guarantee agreement with the Defendant to guarantee the performance of the tea industry (hereinafter “instant contract guarantee agreement”) with the content that the Defendant guarantees the performance of the tea industry (hereinafter “instant contract guarantee agreement”) as between the guarantee amount and the guarantee period from June 5, 2014 to February 29, 2016 (hereinafter “instant contract guarantee agreement”), and the multi-party industry issued the guarantee certificate to the Plaintiff, the guarantee creditor.

3. The guarantee contract of this case set the guarantee accident that "the guarantee creditor is to cancel or terminate the contract within the guarantee period because the debtor fails to perform the contract without good cause."

C. On March 12, 2015, the Plaintiff was notified on March 12, 2015 of the termination of the instant subcontract to the Multilateral Industry due to the bankruptcy of the Multilateral Industry, which led to the multilateral industry.

The plaintiff's claim for deposit of this case.

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