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(영문) 의정부지방법원 2014.10.29 2013가합73145
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s design contract for design and supervision, conclusion of construction contracts, and performance guarantee 1) on March 10, 2013 (hereinafter “instant design contract”) to be newly constructed with C and D on March 10, 2013 (hereinafter “instant design contract”).

(2) The construction work of this case (hereinafter referred to as the “instant construction work”) on June 1, 2013

(2) On June 15, 2013, the Plaintiff entered into a contract with the Defendant for the construction work of this case, and entered into a contract for the modification of the said contract (hereinafter “instant construction contract”) on August 14, 2013, and the main contents thereof are as follows.

3. Date of commencement: June 25, 2013: The date scheduled for completion: 1,298,000,000 won (including value-added tax) on October 25, 2013.

6. Contract bond: 118,00,000 won - 10% of the contract amount; and

7. Contract deposit: 259,600,000 - Contract amount of 20% (including value-added tax).

8. Endd amount: 13. Other matters once a month: (1) Additional checking conditions at the time of the modification of the outer finishing materials in case of a deliberation on cultural heritage. (3) Additional design and supervision expenses shall be in accordance with the schedule of payment.

Article 4 (Deposit for Contract) (1) The plaintiff shall pay in cash, etc. to the defendant prior to the conclusion of the contract bond set forth in the contract to guarantee the performance of contract

Provided, That this shall not apply where the defendant and the plaintiff agree not to pay the contract bond under an agreement.

(2) A contract bond under paragraph (1) may be paid by a letter of guarantee issued by the following institutions:

2. Where a contract is terminated or terminated on the grounds referred to in the subparagraphs of Article 31 (1), a guarantee certificate issued by an equivalent institution, such as a guarantee insurance company and the Credit Guarantee Fund shall revert to the defendant;

In such cases, if the amount of damages following the cancellation or termination of a contract exceeds the contract deposit, the amount in excess shall be included.

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