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(영문) 서울중앙지방법원 2016.06.03 2015가합9672
보증금 등
Text

1. The Defendant’s KRW 1,277,140,645 to the Plaintiff and the Plaintiff’s annual rate of KRW 6% from July 6, 2013 to June 3, 2016.

Reasons

1. Basic facts: (a) Article 3 (Contract Deposit) of the General Terms and Conditions (hereinafter “B”) of the contract amount of KRW 16.55 billion from October 16, 2009 to December 3, 2013; and (b) Article 3 (Contract Deposit) of the General Terms and Conditions (hereinafter “B”) of the Contract Amount of KRW 16.55 billion should, except as otherwise provided, pay or submit to the Plaintiff (hereinafter “A”), in cash or with a letter of guarantee or security listed in the following:

Article 4 (Disposition of Contract Bond) (1) If Party B fails to perform his/her contractual obligations, the contract bond shall revert to Party A.

Article 32 (Cancellation and Termination of Contract) (1) In any of the following cases, A or B may cancel or terminate all or part of the relevant contract, if a written demand is given to the other party for the performance for a specified period of not less than 14 days and the performance is not made within the same period:

1. Where Gap or Eul is deemed unable to achieve the purpose of the contract in violation of the terms and conditions of the contract;

2. Where it is deemed impossible to complete the construction work during the construction period due to any cause attributable to the debtor, such as dishonored bankruptcy;

6. Where it is determined that the planning process, compared to the execution plan on the schedule of construction schedule agreed with Gap pursuant to Article 9 (1), has been delayed due to the delay in the planning process on the schedule of construction schedule agreed with Eul as a result of impeding the entire air or related public works, and that the planning process cannot be met or met within a considerable period of time, even though Gap has received a urge notice for the implementation of construction works at least three times from Gap;

A. On October 6, 2009, the Plaintiff entered into a subcontract (hereinafter “instant contract”) with the Korea Gas Corporation regarding the main pipes 1-2 Section civil engineering and pipeline construction works among the main pipes 1 Section, which the Plaintiff contracted from the Korea Gas Corporation (hereinafter “instant construction works”), as follows (hereinafter “instant contract”).

B. Since then, the above contract price changes on five occasions due to changes in construction works, price fluctuations, etc., and shall be 18.5 billion won on January 19, 2012.

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