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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. The contract for construction work between Alpha Korea Co., Ltd. and Alpha comprehensive Construction Co., Ltd. is concluded 1) Alpha Korea Co., Ltd. (hereinafter “ Alpha Korea”).
(C) On March 8, 2013, the term “comprehensive construction of household expenses” (hereinafter referred to as “comprehensive construction of household expenses”).
B) As to the completion date of the 2,148,300,000 of the construction cost of the 3 plant construction project in the Young-gun, Young-gun, Young-gun, Young-gu, 1018-3 (including value added tax), contract deposit of KRW 200,000,000 for the contract deposit, March 18, 2013; and July 31, 2013 for the completion date of the 200,000 project (hereinafter referred to as “first construction contract”).
() A construction contract for a construction project that is concluded on August 30, 2013 and December 10, 2013 with the content that construction work cost of KRW 2,355,840,00 (including value-added tax), contract deposit of KRW 235,00,000 (including value-added tax), contract deposit of KRW 235,00,000,000, and the date of commencement of the scheduled completion of the construction project (hereinafter referred to as “second construction contract”) shall be deemed as the “second construction contract” and the “each of the instant construction contracts,” including subparagraphs 1 and 2.
(2) Each of the instant construction contracts was concluded using the standard form of the contract for private construction works. Meanwhile, the relevant terms and conditions of the standard contract for private construction works are as follows.
Article 4 (Contractor) (Contractor) In order to guarantee the fulfillment of contractual obligations, he/she shall pay in cash, etc. to A prior to the conclusion of a contract bond set forth in the contract to guarantee the fulfillment of contractual obligations.
The contract bond under paragraph (1) may be paid by a letter of guarantee issued by the following institutions:
1. Where a contract is canceled or terminated due to any cause falling under any subparagraph of Article 5 (Disposition of Contract Bond) of Article 31 (1) of a letter of guarantee issued by each mutual-aid association under Article 54 (1) of the Framework Act on the Construction Industry, the contract bond paid under Article 4 shall revert to Party
In such cases, if the amount of damages following the cancellation or termination of a contract exceeds the contract bond, it shall be applied.