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(영문) 서울중앙지방법원 2013.05.31 2012가합523658
보증채무금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) On December 15, 201, the Plaintiff entered into a subcontract and a modified contract, and the Non-Party Pream Industry Co., Ltd. (hereinafter “Non-Party Pream Industry”) (hereinafter “Non-Party Pream Industry”).

From the point of view of Busan Shipping Daegu 1,406-1, the Home Puslerg Construction Corporation and the AL Chang Construction Corporation (hereinafter referred to as the “instant subcontracted Corporation”) among the Construction Works of the Home Puslerg Busan Doz.

B) The supply of and demand for the construction cost of KRW 638,00,000, the construction period from December 15, 201 to February 3, 201, and the payment of the price shall be determined within 60 days from the date of receipt of the object once a month (hereinafter “instant subcontract”).

(2) On February 3, 2012, the Plaintiff and Nonparty Pung Forest Industry concluded a subcontract modification contract (hereinafter “instant first modification contract”) under which the construction period of the instant subcontract was changed to March 31, 2012, and the subcontract modification contract under which the construction period was changed to May 31, 2012 (hereinafter “instant second modification contract”) was changed to May 31, 2012.

B. On April 4, 2012, Nonparty Pung Forest Industry entered into a guarantee agreement with the Defendant on the basis of the instant secondary change agreement with the Plaintiff, with respect to the obligation to pay the subcontract price of this case, the amount guaranteed to the Plaintiff, KRW 453,017,750, and KRW 31, May 31, 2012, and the guarantee agreement for subcontract payment was concluded (hereinafter “the guarantee agreement of this case”) with the period from December 15, 2011 to May 31, 2012. The terms and conditions stipulate that the Defendant is unable to perform its obligation to pay the subcontract price of this case due to current account transactions or bankruptcy, general general construction works, cancellation of registration of construction business construction business, business closure, or insolvency similar thereto (hereinafter “instant guarantee agreement”).

C. The Plaintiff, who commenced the rehabilitation procedure of the Nonparty Pung Forest Industry and the occurrence of a guarantee accident, shall be deemed to have occurred.

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