(영문) 수원지방법원안산지원 2013.01.11 2012가단105253

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(영문) 수원지방법원안산지원 2013.01.11 2012가단105253

보증채무금

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1. The Defendants jointly and severally construct the three-dimensionals comprehensive construction from April 7, 2012 with respect to KRW 98,260,000 to the Plaintiff.

Reasons

1. Facts recognized;

A. On June 9, 2011, the Plaintiff agreed to include the special terms and conditions of the construction contract in the terms and conditions of the contract (hereinafter “instant construction contract”). Article 6 of the special terms and conditions of the construction contract provides that “The payment of the advance payment shall be governed by Chapter Four (Guidelines Guidelines for Tender and Contract Execution) of the Rules established by the Ministry of Public Administration and Security, and the main contents of the said Rules established by the Ministry of Public Administration and Security are as follows: (a) from June 16, 2011 to December 12, 2011; (b) from June 16, 2011 to December 12, 2011; and (c) the payment of the advance payment shall be governed by the Rules established by the Ministry of Public Administration and Security.”

Section B. Payment of advance payments

1. Advance payment;

(a) The advance payment to be made by the local government of the advance payment is the payment of all or part of the advance payment to the other party to the contract before the performance of the contract or before the payment of the advance payment is made so that it can be made immediately after the conclusion of the contract so that it can be appropriated first for the wages of the contract concerned, the cost of materials purchase, insurance premium, etc. in the construction, manufacture and service contract, and the specified ratio by the scale of the contract amount shall be mandatory in order to secure the effectiveness

5. Use and settlement of advance payment;

(b) If the return of the advance payment falls under any of the following cases after the advance payment is made, the return of the balance shall be demanded to the other party without delay: Provided, That if the balance is returned due to any cause attributable to the other party to the contract, the amount equivalent to the interest on the balance of the advance payment shall be added thereto. (a) If the contract is cancelled or terminated, or if the contract is terminated or terminated, or if it is deemed inevitable to return due to the occurrence of an accident, etc., the return shall be made within 15 days from the receipt date of the advance

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