beta
(영문) 서울고등법원 2017.04.20 2016나2040918

보증금 등

Text

1. The application for participation of an independent party intervenor at the trial of the political party shall be dismissed in all;

2. The judgment of the court of first instance is below.

Reasons

1. Basic facts

A. 1) The Plaintiff took over the previous legal proceedings in the trial as a result of the merger with the Plaintiff during the proceeding of the trial at the trial;

under subsection (1) shall be referred to as "Plaintiff" in total as "Plaintiffs".

On October 16, 2009, J&C Co., Ltd. (hereinafter “F&C”) changed on December 24, 201 to an independent party intervenor;

of the corporation before and after the change in the name below shall be referred to as "participating" in total;

B) In the construction work of main pipes 1-2 sections among main pipes 1 sections of main pipes that the Plaintiff received from the Korea Gas Corporation (hereinafter “instant construction work”), the main pipes 1-2 sections of main pipes and pipes construction work (hereinafter “instant construction work”).

As to the following subcontract agreements (hereinafter referred to as “instant contract”).

The construction period was concluded. Article 3 (B) of the General Terms and Conditions of KRW 16.55 billion from October 16, 2009 to December 31, 2013 (hereinafter “A”) of the General Terms and Conditions of KRW 16.55 billion, except as otherwise provided, the Intervenor (hereinafter “B”) is 10% of the contract amount (the contract amount) stipulated in the contract until the time of the conclusion of the contract.

(1) If Article 32 (Cancellation or Termination of Contracts) (1) A or B falls under any of the following subparagraphs, the contract deposit shall accrue to the Plaintiff (hereinafter referred to as “A”) in cash or with any instrument or securities listed below. Article 32 (Cancellation or Termination of Contracts) (1) A or B may cancel or terminate all or part of the relevant contract after demanding the other party to perform it in writing for a specified period of not less than 14 days (if the performance is not made within the same period, the whole or part of the relevant contract may be rescinded or terminated:

1. Where Gap or Eul is deemed unable to achieve the purpose of the contract in violation of the terms and conditions of the contract;

2. Where it is deemed impossible to complete the construction work during the construction period due to any cause attributable to the debtor, such as dishonored bankruptcy;

6.As to the execution plan on the schedule of work scheduled to be entered into between A and B pursuant to paragraph 1 of Article 9, the planning process will be followed.