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(영문) 대구지방법원 2018.02.23 2016가단109472

선급금반환등

Text

1. The Plaintiff:

A. 32,408,954 won and 5% per annum from April 16, 2016 to February 23, 2018 to be reported to the defendant corporation.

Reasons

1. Basic facts

A. 1) Conclusion of a construction contract and a guarantee contract 1) The Air Force Embry Empis Ampis (hereinafter “Plaintiff”) under the Plaintiff’s control

(2) On June 5, 2015, the Defendant Reporter Co., Ltd. (hereinafter “Defendant Reporter”).

(ii) the Daegu East-gu Seoul East-gu Seoul Seoul B Repair hangar (hereinafter referred to as the “instant hangar”);

() A contract for construction works with respect to repair works, the contract price of which is KRW 307,971,00, the contract price of KRW 46,195,650, and the contract period of which is from June 5, 2015 to September 18, 2015 (hereinafter “instant contract for construction works”).

(2) On June 5, 2015, the Defendant Construction Mutual Aid Association (hereinafter “Defendant Mutual Aid Association”) concluded a contract guarantee agreement (hereinafter “the instant guarantee agreement”) with the Defendant Mutual Aid Association (hereinafter “Defendant Mutual Aid Association”) with respect to the implementation of the instant construction contract from June 5, 2015 to September 18, 2015 (special engineer: in the case of a construction contract, the main contractor shall be effective until the actual completion date of the relevant construction project notwithstanding the said guarantee period), and issued it to the Plaintiff.

B. The part related to the instant case among the special terms and conditions of the instant construction contract under the instant construction contract (i.e., the general terms and conditions of the construction contract and the details thereof) is as follows. The general terms and conditions of the construction contract not specified in Article 3 (Omission of General Conditions of the Construction Contract) (Ordinance of the Ministry of Strategy and Finance No. 164, Jan. 10, 2014; hereinafter “instant general terms and conditions”).

(1) In the event that the matters specified in the drawings, specifications or drawings do not conform to the site or the test results are different from the design, the contract shall take effect as part of the contract. The increase or decrease measures shall be taken in accordance with the general conditions of this case, and the specifications for the change shall be prepared at the expense of the supplier.

(2) Where any cause for design change arises for each type of work, before construction of the part requiring design change.