(영문) 서울중앙지방법원 2016.08.10 2015가합22897

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(영문) 서울중앙지방법원 2016.08.10 2015가합22897

계약보증금

Text

1. The Defendant’s KRW 353,013,00 for the Plaintiff and 6% per annum from August 19, 2015 to October 13, 2015.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a subcontract on March 2, 2013, and the Intervenor joining the Defendant (hereinafter “ Intervenor”) (hereinafter “ Intervenor”).

2) The first section of electrical construction (hereinafter referred to as the “instant construction”) shall be applied to the intervenors and intervenors from among the new construction works for Sist C.

The construction period shall be from March 15, 2013 to July 31, 2015; the construction price shall be KRW 1,938,890,00 (including value-added tax; hereinafter the same shall apply) for the construction period.

(3) The contract deposit shall be 193,889,000 won, 10% of the contract amount (hereinafter “instant subcontract”).

(2) On April 20, 2014, the instant subcontract was concluded, and its content changed as follows: (a) the instant subcontract increased the construction cost to KRW 3,530,130,000; and (b) the contract deposit to KRW 353,013,00; and (c) the instant subcontract was related to the instant case among the major contents of the instant subcontract.

Article 7 (Guarantee of Performance of Contracts and Payment of Price) (1) The plaintiff and the intervenor shall mutually guarantee the payment of the contract performance and the payment of the price in the following manner:

1. The method of guaranteeing the performance of the contract by the intervenor in an amount equivalent to 10% of the contract amount to the plaintiff.

1. Where the construction mutual aid associations, specialized construction mutual aid associations, guarantee insurance companies, and guarantee agencies equivalent thereto, including the Korea Credit Guarantee Fund, fall under any of the following subparagraphs (1) The plaintiff or intervenor may terminate the whole or part of the relevant contract, if the contract is not performed within the said period after fixing in writing the extended period:

2. Article 9 of the special agreement, when it is clearly acknowledged that the construction cannot be completed in the air due to any cause attributable to B, such as dishonor, bankruptcy, rehabilitation procedures, workshops, provisional seizure, wage, etc.;

B. The contract bond deposited with the plaintiff shall be from the date of the final claim.

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