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(영문) 광주고등법원(전주) 2015.06.18 2014나3394
공사대금
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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The facts of recognition [Guarantees and Contracts] Date and time of contract: on March 30, 2011 (the period of work requirements shall be about 30 days from the date of commencement): The performance bond (storage money): the amount shall be collected regularly as the performance bond for the removal of DD construction structures in the Jeon-gun, Jeoncheon-gun (Won 50,000,000).

The custody deposit KRW 50,00,000 (Won 50,000) shall be paid to the plaintiff immediately after the completion of the removal work.

It shall be calculated at 25% per annum until the default is repaid.

Matters of special agreement

1. The “Defendant” is liable for the discontinuance of construction due to an interest in the work.

2. The disposal of waste after the completion of removal only to the basic concrete floor is responsible for the Plaintiff.

3. The Plaintiff’s agreement is to complete all of the construction cost and waste disposal as the cost of scrap metal sales.

4. All the accidents or problems during work are the responsibility of “Plaintiff”.

On March 30, 2011, the Plaintiff agreed with the Defendant to pay a performance bond to the Defendant while the Plaintiff decided to remove a building structure A owned by the Defendant, and the main text thereof.

Details are as follows:

(hereinafter “Agreement on March 30, 201”). (b)

On March 30, 2011, the Plaintiff paid KRW 50,000,00 to the Defendant for performance guarantee (deposit).

(c) Subsequent to [a contract for the removal of a building structure] Article 1 (General 1): D2 of the Jeonju-gun, Jeonju-gun: the cost of removal from May 2, 2011 to May 30, 201 (10 days from Macheon-si): Article 2 (Partial Removal of Won 260,000,000 won)

1. The “Plaintiff” shall be responsible for the complete removal of the building structure of the “Defendant” and all removal and removal of the remaining structures and structures as determined by the “Defendant” and the “Defendant”.

Article 3 (Methods of Payment of Price)

1. The “Defendant” shall pay the Plaintiff in cash the daily KRW 100,000 (Won 100,000,000) 15 days after the commencement of this Agreement at the same time, and the “Plaintiff” shall work in full upon the expiration of the removal period.

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