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(영문) 서울고등법원 2016.02.16 2013나71212
계약보증금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On May 26, 2008, the Plaintiff: (a) subcontracted to Dong-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-do (hereinafter “instant construction”); (b) as indicated below 16,494,500,000 won (including value-added tax) for the total price as specified

(hereinafter referred to as “instant contract”). 1 Construction subcontract agreement

1. Project owner: The name of the original contract made by the Busan Regional Land Management Office: Dong-Eup road construction works;

2. 9,218,000,000 2 earth and sand works (unit works) on May 26, 2010 on the completion of construction works on May 26, 2008, 490,60,600,000 for the construction period of one-to-one-land works under the name of subcontracted works (unit works) for the title of subcontracted works; 4,725,60,000 reinforced concrete works (unit works) 2,060,300,000;

8. Contract bond: 10% of the contract amount shall be replaced by a contract performance bond, and 2) Article 7 (Contract Execution Guarantee and Payment Guarantee) of the terms and conditions of a subcontract for construction works. (1) The contract shall be mutually guaranteed for the execution of a contract and the payment of the contract price in any of the following methods:

Provided, That the same shall not apply where payment guarantee of subcontract consideration is exempted pursuant to Article 3-3 of the Enforcement Decree of the Fair Transactions in Subcontracting Act.

(2) The guarantee between A and B as referred to in paragraph (1) shall be made in cash or by the delivery of a letter of guarantee as referred to in any of the following subparagraphs:

1. A letter of guarantee issued by a construction mutual aid association, specialized construction mutual aid association, guarantee insurance company, and guarantee agency equivalent thereto, including the Korea Credit Guarantee Fund.

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