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(영문) 서울고등법원 2012.11.28 2012나48116

공사대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons for the entry in this case are as follows: (a) the part concerning the interpretation of the contract of this case to 9 pages 9 of the first instance judgment; (b) the part concerning the contract of this case to 12 pages 12 to 13 pages 9 of the said judgment; and (c) the part concerning the contract of this case to 13 pages 9 of the said judgment [the part concerning the interpretation of the contract of this case] are as stated in the corresponding part of the reasons for the first instance judgment; and (d) the same shall apply in accordance with the text

2. Article 2 subparag. 10 of the General Conditions of the Construction Contract applicable to the instant construction contract, which is concluded between the Joint Supply and Demand Company and the Defendant with the parts added thereto, and the Defendant, provides that “Except as otherwise provided in this condition, the Enforcement Decree of the State Contracts Act, the Enforcement Decree of the Act on Contracts to Which the State is a Party for Specific Procurement, the Special Provisions of the Enforcement Decree of the Act on Contracts to which the State is a Party, the Enforcement Rule of the State Contracts Act, and the Accounting Rules, shall apply

3. Parts used in relation to the contract of this case (the interpretation of the contract of this case);

A. The related plaintiff under Articles 1 and 3 of the Terms and Conditions of the Framework Act on the Construction Industry is a mutual-aid association established by constructors for the promotion of autonomous economic activities through a mutual cooperative organization between constructors and for various guarantees, loans, etc. necessary for the operation of construction business pursuant to Article 54(1) of the same Act. Under Articles 56(1)1 of the same Act and Article 56(2)3 of the Enforcement Decree of the same Act, the term “in cases where a partner fails to perform the contractual obligations of contracted construction works, he/she shall bear the contractual obligations on behalf of the partner or guarantee the payment of a certain amount if he/she does not perform the contractual obligations of contracted construction works.” Article 56(4) of the Enforcement Decree of the same Act provides that all kinds of guarantees

The Plaintiff’s instant case.