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(영문) 전주지방법원정읍지원 2016.12.20 2016가단2534
보증금
Text

1. The Defendants are jointly and severally liable to the Plaintiff (Appointed Party) for KRW 20,000,000 and the Defendants from September 25, 2016 to December 2016.

Reasons

1. Basic facts

A. The Plaintiff (designated parties; hereinafter “Plaintiffs”) and the designated parties indicated in the attached list of the designated parties (hereinafter “Plaintiffs”) (hereinafter collectively referred to as “Plaintiffs”) obtained permission from the Danan-gun, Danan-gun, Danan-gun, Danan-gun, North Korea, for a site creation project around 2012.

B. On May 6, 2013, the Defendants and the Defendants concluded a contract with the construction period from May 6, 2013 to May 4, 2014, to arrange the site for the construction of the said site, to newly construct the nita gate, and to remove soil and sand (hereinafter “instant construction”). However, the Defendants paid to the Plaintiffs KRW 25 million with the soil and sand collection price and KRW 20 million with the construction performance bond, respectively.

Around that time, the Defendants paid the Plaintiffs the sum of KRW 45 million.

C. Since then, the Defendants delayed the instant construction, the Plaintiffs terminated the said contract, and confiscated KRW 20 million, which was paid as above on the grounds of the Defendants’ nonperformance.

On July 20, 2015, the Plaintiffs and the Defendant performed the instant construction work from around that time to April 30, 2016. However, the Defendants concluded a contract under which the Defendants would pay the Plaintiffs KRW 30 million as a performance bond for construction work until October 30, 2015, and the Defendants would vest in the Plaintiffs in the discontinuance of construction work (hereinafter “instant contract”).

E. The Defendants did not complete the instant construction until the time of the closing of argument, and the Plaintiffs expressed their intent to terminate the instant contract by delivering a duplicate of the instant complaint.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination as to the plaintiffs' claims

A. The Plaintiffs who are liable to pay the construction performance guarantee are claiming against the Defendants for the payment of the construction performance guarantee under the instant contract.

l.p. g., p.

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