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(영문) 대전고등법원 2016.10.27 2015나10606
계약보증금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the costs of supplementary participation.

Reasons

1. The following facts may be found either in dispute between the parties or in the entries in Gap evidence Nos. 1, 2, 3, 9, and 13 by taking into account the whole purport of the pleadings:

The contract amount of subcontract: The contract amount of KRW 338 million (including value-added tax): From June 15, 2012 to November 15, 2012: Performance bond (contract deposit): Performance bond equivalent to 15% of the contract amount: The contract amount: The contract owner (the Government Government Government Government Government Government Government Office Management Office) and the terms and conditions for the payment of the contract terms of the plaintiff: The payment terms and conditions of the contract shall correspond to the payment provisions of the contract owner (the Ministry of Public Administration and Security) and the contract owner (the Ministry of Public Administration and Security Office) within five days after the completion of the contract, and the contract terms and conditions of the plaintiff shall be paid in cash within five days after the completion of the contract. The contract terms, conditions, conditions, specifications, drawings, tender announcement, etc. entered into with the project owner (the Ministry of Public Administration and Security Office management office): A shall be familiar with the contract terms, conditions, conditions, drawings, and tender announcement

On June 12, 2012, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Seoul Local Government Procurement Service (Demand Agency: the Ministry of Public Administration and Security Office) for the installation of a stage professional projector or broadcasting lighting equipment for broadcasting rooms (hereinafter “instant contract”). On June 15, 2012, the Defendant Intervenor A Co., Ltd. (hereinafter “A”) and “D stage lighting production and purchase works (hereinafter “A”) during the said construction.”

as follows: hereinafter referred to as "the subcontract of this case" is referred to as "the subcontract of this case":

B. (B) On June 5, 2012, A entered into a subcontract guarantee (contract guarantee) with the Defendant, and A issued, from the Defendant, a subcontract guarantee (contract guarantee) guarantee to the Plaintiff within the limit of KRW 50,70,000,00 for the Defendant’s obligation to the Plaintiff due to the failure of A to perform its contractual obligation within the guarantee period, and issued the said guarantee to the Plaintiff.

[Defendant's subcontracting to the Plaintiff (the contract guarantee letter).

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