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(영문) 대구지방법원 2015.07.17 2014가합3690

보증금

Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. On July 1, 2012, the Plaintiff and the Intervenor joining the Defendant entered into a subcontract for the construction work, which was manufactured in the form of columns, beams, and slabs, constituting the structure structure of the PC apartment building among the new construction work of the Namyang-do apartment complex that was contracted by Taeyang-do Co., Ltd. (hereinafter “instant apartment”), and transported and assembled at the site in accordance with the design drawings and specifications, and transported it to the site.

(hereinafter “instant contract”). The main contents of the instant contract are as follows.

Period of a contract for a construction project: [..., July 1, 2012] contract amount [construction July 31, 2014]: Payment of the price of KRW 2,552,04,00 (including surtax)

(a) Advance payment: Criteria for paying ordering places;

(b)The method of payment (1) of completed portion at the time of a request for work: The method of payment (2) of the terms of the contract for the construction project (general provisions) as of the place of the order (including a field description, drawing, specifications, construction specifications, work schedule, and schedule of work progress; hereinafter the same shall apply) shall be deemed as part of the contract under the agreement between the plaintiff and the defendant, as well as the contract terms and conditions (including any special conditions, if any) that are not attached to the contract, even if they are not attached to the contract; and the contract documents, such as contract signs, contract terms, design books, etc

Article 2 (Construction, etc.) (2) The Plaintiff shall prepare a detailed statement of construction price, including the schedule of construction progress and the calculation of the unit cost of construction, prepared based on the design documents, and shall submit it to the Intervenor joining the Defendant without delay after concluding

Article 6 (Field Agent) (1) The Plaintiff shall appoint a field agent, and notify this in advance to the Intervenor joining the Defendant.

(2) On-site agents shall reside at the construction site and handle all matters on their behalf.

Article 11 (Change or Suspension of Construction Work) (1) The Intervenor joining the Defendant deems it necessary or at the request of the project owner.