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(영문) 서울중앙지방법원 2015.11.24 2014가합520271

보증금반환

Text

1. The Defendant’s KRW 1,425,60,000 as well as 6% per annum from March 20, 2013 to November 24, 2015, and the following.

Reasons

1. Facts of recognition;

A. Conclusion of subcontract agreements between the Plaintiff and Hato Construction Co., Ltd.

1. Name of original contract work by the Korea Highway Corporation: Act No. 11 of the construction work between Ulsan-Yan Port and 65 national expressways; and

4. Period of construction: September 30, 2013 after completion of construction, July 18, 2011.

5. Contract amount: KRW 15,257,000,000 for a daily gold ( KRW 15,257,00,000); and

8. Contract bond: Article 6 (Transfer of Rights and Obligations under this Agreement) (1) of the subcontract agreement of a construction project, e.g., one hundred and twenty billion won per day (1,525,700,000), (1) No one shall transfer or succeed to any rights or obligations under this Agreement to a third party;

Provided, That this shall not apply where a written consent of the other party is obtained.

Article 7 (Performance of Contracts and Payment Guarantee for Construction Costs) (1) A and B shall guarantee each other the performance of contracts and the payment of construction costs by any of the following methods:

(3) The guarantee between A and B under paragraph (1) shall be made by means of a payment in cash or a delivery in the letter of guarantee under any of the following subparagraphs:

1. Certificates issued by construction mutual aid associations, specialized construction mutual aid associations, guarantee insurance companies, and credit guarantee funds equivalent thereto;

2. National or local bonds;

3. Where a financial institution’s payment guarantee or certificate of deposit (6) A cancels or terminates all or part of a contract pursuant to the provisions of Article 25 (1) and Article 6 of the Special Conditions on Contracts due to a financial institution’s failure to perform its contractual obligation, A may claim for the payment of the amount equivalent to losses incurred by the cancellation or termination of the contract for the deposit under paragraph (3) 1

(7) Where the unpaid amount of construction price of Party A and the amount of losses caused by the non-performance, etc. of a contract by Party B exceed the security deposit as referred to in paragraph (1), Party A and Party B may claim the excess amount to

§ 14. The Corporation