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(영문) 서울중앙지방법원 2017.08.22 2016가단117979
보증채무금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On November 28, 2014, the Plaintiff and Gyeongnam Enterprise Ltd. (hereinafter “Gyeongnam Enterprise”) contracted construction works for the rental-type civil resource industry (BTL) with respect to the construction works for the housing site (BLT) among the said construction works with the Plaintiff and the Plaintiff, the subcontract price of KRW 183,656,00 (value 16,960,000, value 16,696,000, value 16,696,000, value-added tax), and the construction period from November 28, 2014 to February 6, 2015, the Plaintiff concluded a subcontract with the Plaintiff by setting the construction period of KRW 183,65,00 (value 16,96,00,000, value-added tax).

B. On December 29, 2014, the Defendant Construction Mutual Aid Association and the Defendant Construction Mutual Aid Association concluded a guarantee agreement for subcontract consideration payment with the period from November 28, 2014 to May 27, 2015, with regard to the instant swimming works, with regard to the guarantee creditor, the Plaintiff, the guaranteed creditor, the guaranteed amount of KRW 183,656,000, the subcontract contract amount of KRW 183,656,000, and the guarantee period of the Defendant Construction Mutual Aid Association.

The main contents of the subcontract consideration guarantee agreement applicable to the instant guarantee agreement are as follows.

[A] In the event that a contractor (hereinafter “debtor”) fails to perform the obligation to pay the subcontract price under the front agreement (hereinafter “guarantee incident”), Article 1 (Guarantee Liability) Construction Mutual Aid Association (hereinafter “Association”) pays to the other party (hereinafter “Guarantee Creditor”) (hereinafter “Guarantee Claim”), according to the terms and conditions of this Guarantee, the obligation under which the other party (hereinafter “Guarantee Creditor”) bears (the payment date is limited to any obligation within the Guarantee Period).

Article 3 (Limits of Performance of Guarantee Obligations) The deposit to be paid by the Union shall be the amount deemed to be the standard of Article 7 from among the construction cost incurred by the actual work of the guarantee creditor to the date of performance of the contract stated in the front guarantee letter from the date of performance of the guarantee period within the limit of the amount guaranteed

(b).

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