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(영문) 서울중앙지방법원 2015.12.10 2012가합70697

보증금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff entered into a subcontract for construction works between the Plaintiff and Bolim Construction Co., Ltd.) The Plaintiff is a construction contractor of the first stage and second stage and second stage government office building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building

A) On January 18, 2011, a public announcement of the tender was made as follows. On the date and time of the tender: the period of the contract for each construction section and the estimated price of construction section 1-1: from January 18, 2011 to October 30, 2011 / the estimated price of 8,792,132,45 KRW 1-2 construction sections: From October 30, 201 to October 31, 2011 / the estimated price of 1,235,068,724 KRW 1,235,068,724: From October 31, 201 to December 30, 2011: the subcontract price of the building project should be completed by up to 11,708,940,688 won, including the construction cost of stone, and the contract price of the building project shall be 10% between the Plaintiff and 101.11.218

3) Of the general terms and conditions to be incorporated into the contents of the instant subcontract and the specifications of construction purchase, the parts related to the instant case are as follows:

Where the contract period is extended due to a cause attributable to the contractor when payment has been made with a letter of guarantee or a performance bond, the contractor shall pay the subcontractor additional letter of guarantee or performance bond for the extended contract period.

(2) A contract bond under paragraph (1) may be paid by a letter of guarantee issued by any of the following institutions:

1. The Construction Mutual Aid Association;