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(영문) 서울중앙지방법원 2013.10.18 2013가합500287
계약보증금 청구의 소
Text

1. The Defendant’s KRW 523,260,00 and its amount per annum from January 14, 201 to October 18, 2013, and the Plaintiff’s KRW 6% per annum.

Reasons

1. Basic facts

A. On May 27, 2009, the Plaintiff entered into the instant contract. On May 27, 2009, the Plaintiff newly built the agricultural products distribution center in Gwangju Mine-dong 1052 (hereinafter “instant newly built construction”).

As to the construction work, the non-party ELD Construction Co., Ltd. (hereinafter “ELD Construction”).

As to the fire-fighting project and the part thereof, the contract for the construction project (hereinafter “instant contract”) shall be determined as KRW 24,900,000 (the contract price for the part of the construction project for which the construction project is performed, KRW 23,245,60,000 for the part of the construction project, KRW 1,654,40,00 for the part of the fire-fighting project), June 1, 2009 for the commencement date, June 1, 2009, and November 30, 2010 for the completion date of the construction project, KRW 2,65,440,00 for the contract bond, and KRW 2,65

2) Of the general conditions of the construction contract included in the instant contract, the main contents relevant to the instant case are as follows.

Article 6 (Deposit for Contract) (1) ELD Construction shall pay the contract bond of an amount equivalent to at least 10/100 of the contract amount by the date of conclusion of the contract in cash (including cashier's checks available for settlement in the relevant region) or the plaintiff as the insured, and shall pay it by contract performance guarantee securities, etc. under a special

Article 7 (Disposition of Contract Bond) (1) If ELD Construction fails to perform any contractual obligation without any justifiable reason, the contract bond shall revert to the plaintiff.

Article 26 (Maintenance of Defects) (1) ELD Construction has the responsibility to repair the defects of the object of construction within the period fixed in the contract (hereinafter referred to as the “liability period for defect”) from the date of completion of inspection under Article 21.

(2) When ELD Construction receives a notice of defect repair, it shall carry out maintenance and supplementary work immediately and submit it to the plaintiff, specifying the cause of the defect and other measures to be taken.

Article 27 (Deposit for Repair of Defects) (1) The term of a contract shall be set forth in the contract to guarantee the repair of defects of a construction project.

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