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(영문) 서울중앙지방법원 2020.04.22 2019나60075

계약보증금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

Claim:

Reasons

1. Basic facts

A. On June 9, 2017, the Plaintiff, a local government, contracted small-scale environmental impact assessment services to B (hereinafter “B”) on the following terms: (a) the contract period was 120 days;

(hereinafter “instant service contract”). The contract price (original contract bond) contract (original contract bond) contract price (original contract bond) contract date C on June 13, 2017 for small environmental impact assessment services on October 27, 2017; 4,752,000; 162,800 D small environmental impact assessment services on October 13, 2017; 30,371,004,55,650

B. As between the Plaintiff and the same day, between June 13, 2017 and October 10, 2017, the Defendant concluded a guarantee agreement with the effect that, in the instant service agreement, the Defendant guaranteed the Plaintiff to fulfill its obligations under the instant service agreement, and, if B fails to perform the instant service agreement within the guarantee period, the Defendant shall pay the total amount of KRW 8,718,450,000 to the Plaintiff, and the Defendant concluded a guarantee agreement with the effect that, “where the principal contract is extended, the principal contract shall be valid by the date on which the actual performance of the contract is completed” (hereinafter “instant special agreement”).

(hereinafter “this case’s guarantee agreement”). (c)

The contract of this case is accompanied by the general terms and conditions of the service contract (No. 326 of the established rules of the Planning and Finance Sub-contract), and the part related to this case is as follows.

Article 1 (Purpose) of the General Terms and Conditions of the Service Contract is to stipulate the terms and conditions of the contract concerning the services to be performed between the parties to the contract, and the parties to the contract shall implement the contract on the basis of the principle of trust and good faith in accordance with the contract documents prescribed by these Rules

Article 31 (Cancellation or Termination of Contracts by Contracting Parties) (1) The other party to a contract may cancel or terminate the relevant contract where any cause falling under any of the following subparagraphs occurs:

2. Where the suspension period of service performed under Article 32 exceeds 50/100 of the contract period, Article 32 (Temporary Suspension of Services) (1).