logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.12.01 2017가합506771
계약보증금 등
Text

1. The Defendant’s KRW 512,723,501 and the Plaintiff’s annual rate of KRW 6% from May 4, 2016 to June 15, 2017.

Reasons

1. Basic facts

A. On September 10, 2015, the Plaintiff entered into a subcontract agreement with the Youngjin Industrial Co., Ltd. (hereinafter “Yjin Industrial”), with respect to the “A” construction works (hereinafter “instant subcontracted construction works”) supplied by the Plaintiff from Han Kank Kank Co., Ltd. (hereinafter “Kanknk”), with respect to “construction works for machinery and pipes” (hereinafter “instant subcontracted construction works”): the contract amount: 5.166 million won (including value-added tax; hereinafter the same shall apply) and “the construction period: from September 10, 2015 to March 31, 2017” (hereinafter “instant subcontract agreement”). The main contents related to the instant subcontract are as follows.

- - The present subcontract document -

6. Payment of the price;

(a) Prepaid payment: Within 17% (1) of the value of supply (79,8150,000 won, value-added tax Map) within the date when the contract is concluded, or within (2) the date when the contract is received from the project owner or the date when the contract is concluded; and

(b) Method of payment (3) within 60 days from the date of receipt of the object: cash (10%) and bill (0%) once a month;

8. Contract performance guarantee: Contract amount (10%) - 51,6450,000 won.

9. Advance payment deposit: Contract amount (17%) - 877,965,00 won; and

2. The payment of the price shall be the advance payment (90% of the contract amount) and the completion payment (10% of the contract amount) on the basis of the advance payment.

Article 7 (Performance of Contracts and Guarantee for Payment of Contract Price) (1) The Plaintiff and the Youngjin Industry shall mutually guarantee the execution of contracts and the payment of contract price in the following methods:

1. Guaranteeing the performance of a contract in an amount equivalent to 10% of the contract amount to the Plaintiff by the field-based industry;

2. The method by which the plaintiff guarantees the payment of the following amounts to the field-based industry:

(b) Where the period of construction exceeds four months, the amount obtained by multiplying four months by the period of construction (if the period of construction exceeds four months, the estimated amount of subcontract - the advance payment under a contract) ± the number of months during the construction period).

arrow