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(영문) 서울중앙지방법원 2014.11.26 2014가합12893

계약보증금

Text

1. The defendant shall pay 930,000,000 won to the plaintiff and 20% per annum from March 20, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. 1) The part of “stock company” in the name of Company A (hereinafter referred to as “stock company”) is omitted, including subcontracts and performance guarantee contracts, and advance payment guarantee contracts.

(2) On January 13, 2012, the Plaintiff and the Intervenor joining the Defendant entered into a subcontract to set the construction cost as KRW 8,300,00,000 with respect to the construction work in the said construction work (hereinafter “instant construction work”) as KRW 8,30,00,00 with respect to the mold, steel bars, and covering construction work among the Defendant joining the Defendant, and the main contents thereof are as follows.

(hereinafter referred to as the “instant subcontract”). 1. The ordering person: The name of the original contract: the name of the construction work, Kimpo-si, the new construction work (two sections) of the B apartment.

2. The name of the subcontracted project: the type of mold, steel bars, and covering work;

4. Period of construction: 8,300,000 won for the contract on January 16, 2012, and June 30, 2013 after completion;

6. Payment of the price;

(a) Advance payment (1) Within 15 days after the conclusion of the contract, the contents and proportion thereof are received from the ordering person or within 15 days after the contract date; and

(b) Payment for completed portion: (1) Payment for 50% in cash and in bill 50% within (3) payment from the date of receipt of the object; and

8. Contract bond: 830,000,000 won. The main contents of the instant subcontract agreement (main text) are as follows (Evidence A 15):

(3) The guarantee between the contractor and the contractor referred to in paragraph (1) shall be paid in cash or the written guarantee referred to in any of the following subparagraphs:

1. The construction mutual aid association, specialized construction mutual aid association, guarantee insurance company, and the Korea Credit Guarantee Fund, etc.;