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(영문) 서울중앙지방법원 2019.04.24 2018가합517259
이행보증금
Text

1. On March 2017, 2017, Defendant B Partnership (hereinafter “Plaintiff”) paid 219,560,000 won to the Plaintiff, Defendant C Partnership (hereinafter “Defendant C”) and each of the above amounts.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a subcontract between the Plaintiff and D Co., Ltd. on February 16, 2015, the entry of the Plaintiff in D Co., Ltd. (hereinafter referred to as “stock company name”) is omitted.

B) As between the Plaintiff and the employer, the “F Corporation (G Support Center)” (hereinafter “instant support center construction”).

As to the construction cost (including value-added tax) of KRW 2.195.6 million, the respective subcontract agreements (hereinafter referred to as “instant subcontract agreements”) shall be established between February 16, 2015 and March 14, 2017 with respect to the construction period as the respective subcontract agreements (hereinafter referred to as “instant support centers”).

A) B. The “F Corporation (H Research Institute)” that the Plaintiff was awarded a contract by E, the client, (hereinafter “instant research institute”).

As to the construction cost (including value-added tax) KRW 798.6 million, and the construction period shall be determined from February 16, 2015 to March 14, 2017, respectively (hereinafter referred to as “instant research institute subcontract”).

2) The parts relating to each of the instant subcontracts are as follows.

(A) Article 12 (Payment Guarantee, etc.) of the General Conditions for Contracts (1) provides that the subcontractor shall guarantee to the subcontractor the payment of the contract amount stipulated in this contract (where the means of payment are a bill, the due date, and where the means of payment are a bill, the due date, and the due date, the payment for the bill shall be the guarantee period) and the subcontractor shall guarantee to the prime contractor the performance of the contract amount equivalent to 10/100 of the contract amount, which is equal to 10/100 of the contract amount.

Provided, That this shall not apply where the guarantee for the payment of construction price is not required or it is not appropriate.

(8) Where a principal contractor has rescinded or terminated all or part of a contract because the subcontractor has failed to perform his/her contractual duties, as prescribed in Article 38 (1) and (2), the principal contractor shall compensate for the loss incurred by the rescission or termination of the contract to the guarantee agency.

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