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(영문) 서울중앙지방법원 2014.12.23 2013가합78919
보증금 등
Text

1. Defendant tower Construction Co., Ltd.: (a) KRW 28,953,100 and its amount from November 6, 2013 to December 23, 2014 to the Plaintiff.

Reasons

1. On April 7, 2010, the Plaintiff and the Housing Construction Co., Ltd. (hereinafter referred to as the “Plaintiff, etc.”) constituted a joint contractor for basic fact-findings (hereinafter referred to as the “Joint Construction”), and the Plaintiff and the Housing Construction Co., Ltd. (hereinafter referred to as the “Plaintiff, etc.”) concluded a contract for the primary construction from the Water and Wastewater Works Office (hereinafter referred to as the “PP”) in order to complete the construction of the sewage culvert maintenance work in the Goju District.

After that, the plaintiff et al. contracted the second-minuteed construction from the ordering authority on June 20, 201, and the third-minuteed construction on April 25, 2012, and completed the third-minuteed construction.

The Plaintiff: (a) around October 25, 2012; (b) around October 25, 2012, Defendant Loading Co., Ltd. and Jinsung Construction Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”) omitted the description of the Company in the following; and (c) designated, among the four primarys of the four primarys of construction works, the construction works of the Republic of Korea-Eup (hereinafter referred to as “instant construction works”) of the Republic of Korea-Seoul-Eup, Sungsung-si as of March 17, 2013, and commenced the four primary construction works early.

(B) On March 14, 2013, the Plaintiff, etc. was regularly awarded a contract on July 10, 2013 with the deadline for completion of the fourth-minute construction work from the ordering authority.

(However, on May 31, 2013, the ordering party demanded that the Plaintiff complete the fourth construction work until May 31, 2013. The Plaintiff extended the construction completion period stipulated in the instant construction contract by reflecting the contents of the original contract entered into with the ordering party.

On January 31, 2013, the amount paid by the payer as a bearer on the date of payment was non-paid on January 31, 2013 (the portion of construction performed up to December 2012) Defendant Jinsung Construction in the amount of KRW 61,453,96,00 for Defendant Jinsung Construction in the amount of KRW 61,453,966, March 29, 2013, Defendant Jinsung Construction in the amount of KRW 43,230,00 for Defendant Jinsung Construction in the amount of KRW 42,90,000 on April 10, 2013, Defendant Jinsung Construction in the amount of KRW 112,530,00 for Defendant Jinsung Construction in the amount of KRW 111,540,000,000 for KRW 61,540,000 for Defendant Jinsung Construction in the amount of KRW 6365,013.

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