보증금 청구의 소
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. Basic facts
A. On August 12, 201, the D Research Institute, a telegraphic body of the Plaintiff, entered into a contract for construction work with the Intervenor joining the Defendant (hereinafter “instant contract”). On August 12, 201, the said D Research Institute entered into a contract with the Intervenor joining the Defendant to the contract
(Then, as seen in paragraph (2) below, since the Plaintiff succeeded to the position of the D&D under the construction contract for the D&D Institute established by K law, the Plaintiff is indicated as the contractor). (1) Construction site of E: Construction site of E: The construction site of E: the construction period of 16m depth 16m in front of the F 1km: the contract amount from August 18, 201 to August 17, 201 (amended by April 18, 2013): 7,222,24,250 won
B. The instant provision on the settlement of advance payment provides that, except as otherwise provided in the relevant statutes, etc., the payment of advance payment shall be governed by Chapter 9 of the Enforcement Standards for Government Tender and Contract (amended by the Ordinance of the Ministry of Strategy and Finance No. 2200.04-159-18, May 13, 2011; hereinafter “Enforcement Standards of this case”) which is the Accounting Rules of the Ministry of Strategy and Finance (Article 6 of the Special Conditions for Contract for Construction Works). Article 36 of the Enforcement Standards of this case (hereinafter “instant settlement provisions”) provides that “The advance payment shall be settled above the amount of advance payment calculated according to the method of “the amount of advance payment = the amount of advance payment x (amount equivalent to the amount of advance payment x the amount equivalent to the amount of advance payment x the contract amount)”.
C. The Plaintiff’s advance payment and the Defendant’s guarantee 1 Plaintiff paid KRW 2,166,00,000 to the Defendant’s Intervenor as advance payment under the instant contract, around August 201, and KRW 2,88,00,000 each around January 2, 2012. Around that time, the Intervenor’s Intervenor issued each advance payment guarantee amount of KRW 2,317,324,00 and KRW 3,203,30,000 from the Defendant with respect to each of the above advance payment.
Article 3 of the terms and conditions attached to each such advance payment guarantee shall be limited to the amount of guarantee.