보증금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On September 14, 2015, the Plaintiff subcontracted the two sections reinforced concrete construction works (hereinafter “instant subcontracted construction”) among the “multi-unit housing construction works in the Gimcheon-ro Urban Development Project in the Gimcheon-do, the contract price of which was KRW 15,534,917,408, and the construction period from September 14, 2015 to December 31, 2016, to the Non-Party Dok-ju Urban Development Project.
(hereinafter “instant subcontract”). The contents pertaining to the instant case in the said subcontract are as follows:
(1) Under the following contract, “A” and “B” refer to both the Plaintiff and “B” respectively to the construction of leapap. Article 7 (Execution of Contracts and Guarantee of Construction Payment) of the Terms and Conditions of the Subcontract of Construction Works (Performance of Contracts and Guarantee of Construction Payment) (1) and “A” shall mutually guarantee the payment of the contract performance
(3) The guarantee between A and B under paragraph (1) shall be made by a payment in cash or by a delivery of the letter of guarantee under any of the following subparagraphs:
1. A person who cancels or terminates the whole or part of a contract pursuant to Article 25 (1) by failing to perform his/her contractual obligations, such as a construction mutual aid association, specialized construction mutual aid association, guarantee insurance company, and credit guarantee fund.
Article 25 (Cancellation and Termination of Contract) (1) In cases falling under any of the following subparagraphs, A or B may cancel or terminate all or part of the contract concerned when the contract is not performed within the said period after demanding it to perform the contract in writing, fixing a reasonable period:
1. Where it is deemed that A or B cannot achieve the purpose of the contract in violation of the terms and conditions of the contract;
2. The work may be completed in the air due to any cause attributable to him/her, such as dishonoring and bankruptcy;