(영문) 서울고등법원 2018.05.17 2017나2074437

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(영문) 서울고등법원 2018.05.17 2017나2074437

계약보증금 청구의 소

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1. All appeals filed by the plaintiff, the defendant and the defendant are dismissed.

2...

Reasons

1. Determination on the cause of the claim

A. 1) On May 27, 2011, the Plaintiff: (a) on May 27, 201, an integrated forest construction company (i.e., “A comprehensive forest construction company” after the alteration; hereinafter “a forest construction”).

2) The resident service center of the Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter referred to as the “instant resident service center”).

(2) From June 2, 2011 to July 6, 2012, the construction period of a new construction project was fixed as KRW 3,898,963,119 (Provided, That the construction period of the first construction project was March 27, 2012; the construction cost was KRW 2,94,385,975) and the construction contract was awarded. 2) The construction of a forest shall pay to the Plaintiff a contract deposit equivalent to 15% of the construction cost under the relevant provisions of the attached Table (the general conditions of the construction contract, etc. incorporated into the content of the law and contract to be complied with when entering into a contract with a local government as a party). The construction of a forest is to be substituted with a letter of guarantee issued by the Defendant to the Plaintiff on May 26, 2011, and is issued from the Defendant to the contract guarantee to the Plaintiff from May 27, 2011 to May 26, 2011.

3) On September 13, 2012, the Plaintiff and forest construction concluded a modified contract with the content that (i) the total construction cost shall be increased to KRW 3,952,541,144; (ii) the date of completion shall be changed to December 21, 2012; and (iii) the construction cost of the secondary construction cost shall be KRW 954,57,144, among them, KRW 954,57,144 (hereinafter “instant contract”).

(4) On September 14, 2012, in line with the terms and conditions of the foregoing modified contract, the forest construction was issued by the Defendant with a modified guarantee that changes the contract amount from May 27, 2011 to December 21, 2012 and submitted to the Plaintiff.

5) On December 4, 2012, the Plaintiff is likely to perform the contract due to a cause attributable to the forest construction.

유사 판례

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