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(영문) 서울중앙지방법원 2015.04.02 2014가합564318
선급금보증금청구의 소
Text

1. The defendant shall pay 142,138,685 won to the plaintiff Cho Il-tae Co., Ltd. and 157,675,000 won to the plaintiff Cho Il-tae Construction Co., Ltd.

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1 to 6 (including various numbers for each item; hereinafter the same shall apply), Gap evidence Nos. 9, Gap evidence Nos. 12 and 13, and Eul evidence Nos. 1 to 4, respectively, by taking into account the whole purport of the pleadings:

The Plaintiffs, around May 1, 2013, ordered by the Korea Environment Corporation (hereinafter referred to as “Nonscisf Construction”) to Nonscisf Construction Co., Ltd. (hereinafter referred to as “Nonscisf Construction”) for civil engineering and pipeline construction (hereinafter referred to as “instant construction”) among the projects for installing Buffer storage facilities in Sungsung 1234 Industrial Complex, which were ordered by the Korea Environment Corporation, determined and subcontracted the following proceeds as KRW 12,497,280,000 (including value-added tax) and the period from May 13, 2013 to December 13, 2014:

(hereinafter “instant subcontract”). The share ratio under the contract between the Plaintiffs and the ordering office is 65% per cent of the Plaintiff Il-dong Company Co., Ltd. (hereinafter “Plaintiff Il-dong”) and the Plaintiff U.S. Construction Co., Ltd. (hereinafter “Plaintiff U.S. Construction”) is 35%.

[Terms and Conditions of Subcontracts for Construction Works] Article 22 (Advance Payment) (1) A (Plaintiffs) shall pay advance payment to B as stipulated in the contract.

Article 25 (Cancellation and Termination of Contracts) (1) In cases falling under any of the following subparagraphs, A or B may cancel or terminate all or part of the relevant contract when the contract is not performed within the said period after demanding the performance of the contract in writing, fixing a reasonable period:

1. Where it is deemed that A or B cannot achieve the purpose of the contract in violation of the terms and conditions of the contract;

2. When it is clearly acknowledged that it is impossible to complete the construction work in the air due to any cause attributable to B, such as default and bankruptcy, (i) Article 9 (Direct Payment for Construction Contract) (1) Article 9 (Direct Payment for B, material costs, wages, etc.) (in the event of delayed payment for B’s equipment costs, materials costs, wages, etc., A shall be the business re-employed company (the type and business approved by A), workers, and

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