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(영문) 서울중앙지방법원 2018.02.08 2016가합541340
보증금 청구의 소
Text

1. The Defendant’s KRW 101,097,00 for the Plaintiff and 6% per annum from September 22, 2015 to July 26, 2016.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into each contract between the Plaintiff and C on February 3, 2014 (hereinafter “C”).

(D) The “D Corporation” contracted by the Korea Environment Corporation and the Plaintiff (hereinafter “D”) is called “1 Corporation.”

(2) As to the construction cost of KRW 2,964,50,000, the construction period from February 3, 2014 to December 30, 2015, the contract deposit of KRW 296,450,00 (10% of the contract price) shall be determined and the subcontract agreement (hereinafter referred to as “the first contract agreement”) shall be set at KRW 10%.

(2) On May 30, 2014, the Plaintiff and the Plaintiff concluded a contract agreement (hereinafter referred to as “second contract agreement”) with respect to the construction work among Etel works implemented by C and the Plaintiff, setting the contract amount of KRW 3,085,50,000, and the construction period from May 30, 2014 to June 30, 2016, with a contract deposit of KRW 308,550,00 (10% of the contract price) (hereinafter referred to as “second contract agreement”).

(hereinafter referred to as “each of the instant contracts,” including “each of the instant construction works, 1, and 2,” c) the text of each of the instant contracts (hereinafter referred to as “general terms”)

) and contractual special terms and conditions (hereinafter referred to as “special terms and conditions”);

(1) The Plaintiff and C shall mutually guarantee the execution of the contract and the payment of the construction cost by means of any of the following subparagraphs:

(3) The guarantee between the Plaintiff and C under paragraph (1) shall be made in cash or by the delivery of a letter of guarantee under any of the following subparagraphs, but shall be immediately notified to the other party when the contract for guarantee is modified or terminated:

1. A letter of guarantee issued by a guarantee agency equivalent thereto, such as FF Association, B Association, guarantee insurance company, and Credit Guarantee Fund.

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