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(영문) 서울중앙지방법원 2016.04.28 2013가합535672

계약보증금 청구의 소

Text

1. The Defendant’s KRW 237,834,630 as well as 6% per annum from July 15, 2012 to August 13, 2013 as to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a subcontract and modified contract between the Plaintiff and A (hereinafter “A”) around April 17, 2010, the Plaintiff is a stock company A (hereinafter “A”).

2) Of the construction works of the urban railroad 3 lines and one section (vehicle base section), “B” (hereinafter “instant construction works”) shall be deemed to be “B”.

) subcontracted 2,378,346,300 won (hereinafter “instant contract”).

(i) the parts related to the instant case in the instant contract are as follows:

1. The ordering person: The name of the original contract work by the Public Procurement Service: Construction work for one urban 3 lines (vehicle base sections) - A80502 CA;

2. The name of subcontracted project: B soil project (2);

4. Period: April 17, 2010 for the commencement and completion of construction: June 29, 2014 (51).

5. Contract amount: 2,378,346,300 won; and

8. Contract bond - 10% of the contract amount ( 237,834,630 won n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n.

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

1. A contractee may cancel or terminate all or part of the contract concerned where the causes falling under any of the following subparagraphs occur:

2. Where the contractor fails to complete the construction by the completion date or it is deemed unlikely to complete the construction by the completion date due to a cause attributable to the contractor;

6. Where a contract violates other terms and conditions of the contract and it is deemed impossible to achieve the purpose of the contract due to such violation, the payment shall be made pursuant to the provisions of Article 2.