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(영문) 의정부지방법원 2017.06.28 2016가단113443

공사이행보증금 지급청구의 소

Text

1. The Defendant’s KRW 58,00,000 as well as the Plaintiff’s annual 5% from June 16, 2016 to June 28, 2017, and the following.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff and B (mutual C Co., Ltd. after the alteration; hereinafter “B”)

(C) On November 5, 2014, the Plaintiff is entitled to the instant construction site between the Government-si D (hereinafter “instant construction site”).

(2) The construction contract under which the construction work of neighborhood living facilities and multi-family houses is contracted under the following conditions (hereinafter referred to as the “instant construction contract”).

Upon conclusion of the contract: The construction cost of KRW 580,00,00 (including value-added tax): the period from November 5, 2014 to May 30, 2015 (the scheduled commencement date of November 5, 2014 to the scheduled commencement date of works): the contract bond of the private construction project: the general terms and conditions of the contract for the private construction project (the contract amount of KRW 10% below to the plaintiff, and the "B" to the defendant respectively, respectively. < Amended by Presidential Decree No. 25779, Nov. 30, 2014>

Article 4 (Deposit for Contract) (1) “B” shall pay the contract deposit, in cash, etc., to “A” before entering into a contract to guarantee the fulfillment of contractual obligations; Provided, That the contract deposit under Article 30 (1) may be substituted by a letter of guarantee issued by each mutual-aid association under Article 54 (1) of the Framework Act on the Construction Industry; 2. A contract deposit under paragraph (1) may be paid by a letter of guarantee issued by each mutual-aid association under Article 5 (3) of the same Act.

1.A “B” enters into an agreement without good cause.