(영문) 서울중앙지방법원 2013.02.08 2012가합78752

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(영문) 서울중앙지방법원 2013.02.08 2012가합78752

손해배상(기)

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 8, 2008, the Plaintiff (former: B Co., Ltd.) entered into a contract with the Sejong Metropolitan Government Policy Consulting Co., Ltd. (hereinafter “Plaintiff”) to enter into a contract for the construction and appurtenant works (hereinafter “instant construction”) of the contract amount of KRW 10 billion (Additional Tax) and the construction period from October 20, 2008 to October 30, 2009.

(hereinafter “instant contract”). (b)

At the time of the conclusion of the instant contract, the Plaintiff paid 10% of the said contract amount to the third party with the contract deposit, and 5% of the said contract amount is guaranteed according to the terms and conditions at the time of the contract and agreed to pay the remaining 5% amount as the guaranty insurance policy at the time of the commencement of the contract. The following provisions were included in the terms and conditions having priority over the instant contract

[Written contract of this case] Article 4 (Contract Deposit) (1) (B) of the contract of this case must pay the contract deposit set forth in the contract to A before the contract is entered into, in order to guarantee the performance of the contract.

(2) The contract performance guarantee under paragraph (1) may be paid by a letter of guarantee issued by any of the following agencies:

1. Certificates issued by each mutual-aid association under Article 54 (1) of the Framework Act on the Construction Industry;

2. Where a contract is terminated or terminated due to the causes falling under any subparagraph of Article 31 (1), a guarantee issued by an equivalent institution, such as a guarantee insurance company and the Credit Guarantee Fund, etc. shall revert to A;

Article 31 (Cancellation, etc. of Contracts A) (1) A may cancel or terminate all or part of the contract in any of the following cases:

2. It is impossible to complete the construction work within the completion date due to the reasons under the responsibility of B.

참조조문

-건설산업기본법 제54조 제1항

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