계약보증금 등 청구의 소
1. The Defendant’s KRW 807,116,047 as well as the Plaintiff’s annual rate of 6% from April 1, 2015 to January 29, 2016, and the following.
1. Basic facts
A. On April 1, 2014, the Plaintiff entered into a contract for the construction of the shot and shot General Construction Co., Ltd. (hereinafter referred to as the “shot and sloping Construction”) with the Plaintiff.
2) As to the term “instant construction, construction, and fire-fighting” (hereinafter referred to as “instant construction”) between Macheon-do Institute of Life for Life and for the purpose of remodeling and extension.
(2) As to the construction cost of KRW 4,256,00,00 (including value-added tax) and the construction period from April 2, 2014 to August 24, 2014, the contract was concluded. (2) The said contract was amended to extend the construction period on July 25, 2014 to October 13, 2014; (5,206,00,000 (including value-added tax) on November 18, 2014; and (2) the construction period was extended to January 20, 2015; and (3) the construction period was extended to February 25, 2015.
(hereinafter referred to as the “instant contract” comprehensively and specifically referred to as the “instant contract,” each of the terms and conditions of the instant contract for construction works, which are the contents of the instant contract, are as follows. The Plaintiff of the General Conditions of the Construction Contract is the YYYY: B: Article 16 (Cancellation of Contract in A)
1. A may rescind the whole or part of a contract in case where he falls under any of the following subparagraphs:
2) Where it is evident that there is no possibility to complete the construction within the completion deadline due to the reasons attributable to B, 3) where the purpose of the contract can not be achieved due to the breach of other contractual terms
2. If a contract bond is cancelled for any reason referred to in subparagraphs of paragraph (1), Party A shall not be refunded.
Article 27 (Advance Payment)
1. A shall pay a advance payment to B in accordance with the terms and conditions set forth in the contract, and where A requests for the withdrawal of a letter of guarantee at the time of advance payment, B shall submit a certificate of guarantee issued by a guarantee agency falling under any subparagraph of Article 4 (2);
3.B shall be used to achieve the purpose of the contract.