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(영문) 서울고등법원 2017.09.21 2017나2011474
선급금보증금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff entered into a contract for construction works and the progress of construction works 1) on January 21, 2009 as a person who is a stock company on January 21, 2009 (hereinafter “person construction”).

“A bridge (hereinafter referred to as the “instant bridge”) and urban planning road construction works” (hereinafter referred to as the “instant construction”) to the Corporation.

on October 2010, the person ordered the design of the instant construction project (hereinafter referred to as “the first design”)

Upon completion of the design, the Plaintiff submitted the design to the Plaintiff. (2) The Multilateral Construction Co., Ltd. (hereinafter collectively referred to as “the instant construction work”) and the construction of Interlateral Construction Co., Ltd. (hereinafter referred to as “Uiju Construction”) (hereinafter referred to as “instant construction”), in total before and after the merger, were merged into Multilateral Construction Co., Ltd., Ltd. (hereinafter referred to as “the instant construction”) were awarded a contract for the instant construction work by setting the construction cost of KRW 5,170,729,00 from January 13, 201, and the construction period from January 24, 201 to July 16, 2012.

(A) The contract for the instant construction works was concluded with respect to the subsequent construction period, etc. (hereinafter collectively referred to as the “instant contract for construction works”). The instant contract for construction works included a tender for the instant construction works, a tender for construction works, a tender for the special purpose, a tender for integrity contract, a tender for the special purpose of the integrity contract, a design and site descriptions, a general condition of the construction contract, a special condition of the construction contract, and a statement of calculation (including subcontract matters).

The part related to this case among the general conditions of the construction contract for the local government (No. 333 of the rules of the Ministry of Public Administration and Security, hereinafter referred to as "the general conditions of this case") included in the construction contract of this case

SECTION 8: Delay in performing the contract, and rescission and termination of the contract

4. Rescission and cancellation of a contract due to changes in circumstances;

(c) Where an ordering authority cancels or terminates a contract under the provisions of “A”, it shall do so to the contractual party within 14 days from the date on which the performance of each subparagraph of “3-D” has been completed:

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