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(영문) 서울중앙지방법원 2018.08.23 2016가합511127

보증금 청구의 소

Text

1. The Defendant’s KRW 299,233,453 among the Plaintiff and KRW 252,553,453 among the Plaintiff, shall be KRW 20,500,000 from December 17, 2014.

Reasons

1. Basic facts

A. Of the construction work of the vehicle base for Honam High Speed (hereinafter “PSM”) Plaintiff on May 21, 2012, the Plaintiff is a ben Korea Co., Ltd. (hereinafter “ben Korea”) on May 21, 2012.

B) As between the Plaintiff and the Korea Rail Network Authority, the term “PSC BOX (FSM) production and installation works” among the construction works for the vehicle base for Honam High-speed Railroad that the Plaintiff received from the Korea Rail Network Authority (hereinafter “instant 1 subcontract”) shall be the construction period from May 21, 2012 to October 27, 2014, the construction cost of KRW 5,874,000 (the price excluding value-added tax is KRW 5,340,00,000) and the contract bond shall be 10% of the construction cost (hereinafter “instant 1 subcontract”).

(A) The Plaintiff and Convening Korea agreed to perform the construction work of “A” belonging to the said construction work by January 2, 2014 (Evidence A, 29, 30. 2) under the terms of the construction subcontract agreement included in the first subcontract agreement of this case as follows.

(B) The terms and conditions of the instant subcontract agreement are attached to the instant works Nos. 2 and 3. (hereinafter referred to as “instant subcontract agreement”). Articles 7 (Performance of Contracts and Guarantee for Construction Costs) and 7 (Performance of Contracts) 1, 6, 11, each of the following methods:

(3) The guarantee between the Plaintiff and the Convening Korea under paragraph (1) shall be made either in cash or in delivery of a letter of guarantee under any of the following subparagraphs, but shall be immediately notified to the other party when any modification to or termination of the guarantee agreement:

1. Construction mutual aid associations, specialized construction mutual aid associations, guarantee insurance companies, and guarantee organizations equivalent thereto, such as the Credit Guarantee Fund;