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(영문) 대전지방법원 2014.10.01 2013가합1000

보증금

Text

1. The defendant shall pay 573,740,000 won to the plaintiff and 20% per annum from February 19, 2013 to the day of complete payment.

Reasons

1. Basic facts

(a) Article 7 (Execution of Contract and Guarantee for Payment of Contract Price) (1) and B (Seoul Metropolitan Government; hereinafter the same shall apply) (hereinafter the same shall apply) shall mutually guarantee the execution of contract and the payment of contract price by the methods falling under any of the following subparagraphs:

Provided, That the same shall not apply where the payment guarantee of subcontract consideration is exempted under Article 3-3 of the Enforcement Decree of the Fair Transactions in Subcontracting Act.

(2) The guarantee between A and B under paragraph (1) shall be made by means of a cash payment or a delivery of a letter of guarantee under any of the following subparagraphs:

1. A letter of guarantee issued by a construction mutual aid association, specialized construction mutual aid association, guarantee insurance company, and guarantee agency equivalent thereto, such as the Korea Credit Guarantee Fund.

Provided, That where B pays in cash or delivers the certificates under paragraph (2) 2 and 3, the amount equivalent to the amount of loss shall be reverted to A.

(6) Where the unpaid amount of the construction price of Party A and the amount of losses caused by the non-performance of the contract of Party B exceed the deposit as referred to in paragraph (1), Party A and Party B may claim the excess amount to the other party

Article 20 (Payment of Price) (3) In case where Party A orders any construction work ordered by an institution to which the Act on Contracts to which the State is a Party or the Act on Contracts to which a Local Government is a Party, the progress payment shall be made once a month, notwithstanding the provisions of the above paragraph (2).

However, there is no completed portion or even though Gap applied for the payment to the ordering person, the ordering person shall pay the completed portion.