계약보증금 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a company that operates an industrial plant manufacturing business, etc., and the Defendant is a mutual aid association established with the aim of promoting autonomous economic activities between persons who operate the capital goods industry, such as machinery, parts and materials industry, pursuant to Article 40 of the Industrial Development Act, and guaranteeing various kinds of guarantees and quality necessary for running business.
B. On December 26, 2013, the Plaintiff entered into a subcontract agreement with E Co., Ltd. (hereinafter “E”) selected as the contractor of “D power plant 1 and 2 boiler construction works” (hereinafter “E”) and F Co., Ltd. for the manufacture and installation of Yuct among the boiler construction works. On March 5, 2014, the Plaintiff entered into a subcontract agreement (hereinafter “instant subcontract agreement”) with G Co., Ltd. (hereinafter “G”) to specify the contract amount, 10,788,000,000 won during the construction period from March 31, 2014 to September 30, 2016. The details related to the instant case are as follows.
(On the other hand, from August 30, 2013 to E, etc., the Plaintiff was awarded a contract for manufacture of uct within the scope of the said boiler construction work, and subcontracted it to G on October 15, 2013). 4. Responsibility 4.3 “B” (G; hereinafter the same shall apply) with respect to the vicarious performance of services should not be re-subcontracted to a third party in any case.
8. 8.2 performance guarantee: A performance guarantee bond equivalent to 10% of the contract amount with a contract performance guarantee shall be submitted to “A” (the plaintiff, hereinafter the same shall apply) and the period shall be 60 days from the date the contract is concluded;
9.1. "A" means, in cases where "B" falls under any of the following subparagraphs, if "B" does not express its intention to correct or if it is not corrected even after giving its opportunity to correct a reasonable period of time, all or part of the contract without due process, such as peremptory notice.