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(영문) 대전지방법원 2018.01.11 2017가합103027
채무부존재확인
Text

1. Of the instant lawsuit, the obligation to pay the contract deposit to the Defendant of Seoul Guarantee Insurance Co., Ltd.

Reasons

Facts of recognition

The defendant is a company that executes the A (hereinafter referred to as the "new construction of this case") by being awarded a contract by the trust management real estate investment company specializing in the trust management of the P.S. News Foundation.

On May 10, 2016, the Defendant concluded a subcontract (hereinafter “instant subcontract”) with a contract price of KRW 18,489,00,000 for two sections of reinforced concrete construction among the Plaintiff and the said new construction works, and with a contract period of KRW 18,48,90,00 for each of the two sections of reinforced concrete construction works, from May 10, 2016 to December 31, 2017, and a contract deposit of KRW 1,848,90,000 for a contract deposit, and the Plaintiff performed the said construction work in accordance with the instant subcontract.

Article 7 (Execution of Contracts and Guarantee for Payment of Contract Price) (1) and B (the same as the defendant, hereinafter referred to as the plaintiff, hereinafter referred to as the same as the plaintiff) of the subcontract for construction works shall mutually guarantee the execution of contracts and the payment of contract price in the following methods:

1. The method of guaranteeing the contract performance of an amount equivalent to 10% of the contract amount to Gap.

1. A letter of guarantee issued by a construction mutual aid association, specialized construction mutual aid association, guarantee insurance company, and guarantee agency equivalent thereto, such as the Korea Credit Guarantee Fund.

Provided, That where B pays in cash or delivers the certificates under paragraph (3) 2 and 3, the amount equivalent to the amount of loss shall be reverted to A.

Article 25 (Cancellation and Termination of Contracts) (1) In cases falling under any of the following subparagraphs, A or B shall be notified in writing to perform the contract for a reasonable fixed period and within the said period:

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