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(영문) 서울중앙지방법원 2013.10.02 2012가합540202

선금보증금반환청구

Text

1. The Defendant’s KRW 442,040,00 for the Plaintiff and KRW 5% per annum from December 29, 2012 to October 2, 2013.

Reasons

1. Basic facts

A. The construction contract between the Plaintiff and the Plaintiff, Japan Promotion Co., Ltd. (hereinafter “Japan”) and the NAC Co., Ltd. (hereinafter “Dongho”), and the Incheon Local Government Procurement Service (hereinafter “Korea”) shall be the Plaintiff as the procuring entity and the first phase project (civil engineering) project (hereinafter “the instant construction project”) project (hereinafter “the instant construction project”).

On August 26, 2008, the public notice of bid for the construction was made on August 26, 2008, and the new promotion and Emercian were composed of 5% of the equity shares in the daily promotion and 45% of the equity shares in the same Emercian.

() The construction contract under the terms that the instant construction project is contracted between the Incheon Regional Procurement Service and the Ministry of Strategy and Finance by participating in the said construction contract on October 21, 2008 (hereinafter “the instant construction contract”) shall be KRW 20,582,430,000 for the construction cost, and the construction period shall be from October 29, 2008 to October 29, 201 for the construction period (hereinafter “the instant construction contract”).

A) The instant construction contract was concluded. The instant construction contract is a long-term continuing construction contract, which is a long-term continuing construction contract, and requires each year to conclude a multiple-level contract. The New Promotion and Ecenc shall conclude the instant construction contract with the Incheon Regional Government Procurement Service on October 21, 2008, with the construction cost of the first-minute of the instant total construction works, KRW 7,760,000, and the construction period shall be KRW 7,760,000, and the construction period shall be from October 29, 2008 to September 24, 2009, and the construction contract (the first-minute construction work is referred to as the “instant first construction work,” and the construction contract that was concluded as above is referred to as the “instant construction contract.”

In the meantime, the main contents of the instant case are as follows: (a) Articles 43 (General Conditions for Construction Contract) and 43 (Direct Payment of Subcontract Price, etc.) (1) of the General Conditions for Construction Contract, Special Conditions for Construction Contract, and Standard for Government Tender and Contract Execution (amended by Ordinance of the Ministry of Strategy and Finance No. 2200, 04-159-7 of the Accounting Rules of the Ministry of Strategy and Finance on November 1, 2008).