(영문) 서울고등법원 2016.07.15 2015나2049895

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(영문) 서울고등법원 2016.07.15 2015나2049895

공사대금

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1. All of the plaintiff's claims that are changed in exchange at the trial are dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Basic facts

A. (1) On February 20, 2013, the Plaintiff entered into a subcontract agreement with the Defendant with the Defendant on February 20, 2013, with the content that the Defendant’s contract amount of 1,730,300,000 won (including value-added tax) during the construction period for the new construction of the 2BL apartment (hereinafter “instant first construction”) and the contract amount of the contract amount of 1,730,30,000 won during the construction period, from February 20, 2013 to June 30, 2014, and the contract deposit was 10% of the contract amount to be subcontracted to each Plaintiff, and thereafter, on January 24, 2014, the contract amount was modified to extend the construction period of the said subcontract by July 31, 2014.

(2) On July 30, 2013, the Plaintiff entered into a contract with the Defendant to enter into a contract with the Plaintiff on the following terms: (a) during the construction period of KRW 1,892,00,000 (including value-added tax) among the main complex construction works to be contracted by the Defendant by the Construction Co., Ltd. (hereinafter referred to as the “Construction”) on the part of the Defendant; (b) from August 5, 2013 to September 30, 2014; and (c) during the construction period of construction, the contract deposit was set at 10% of the contract amount to be subcontracted to each Plaintiff.

(3) Of the contents of the First and Second Subcontracts, the parts related to the instant case are as follows:

7. Contract performance guarantee;

(a) Eul (referring to the plaintiff; hereinafter the same shall apply) shall immediately after the conclusion of this contract provide Party A (the defendant; hereinafter the same shall apply) with cash, deposit money, reserve substitution, or contract performance guarantee insurance, etc. equivalent to 10% of the contract amount as the contract performance bond;

B. A case where construction is interrupted or the contract is terminated due to the circumstances and responsibility of B.

The contract bond under paragraph (1) shall be reverted to A.

(c) The amount of security for cash and performance bond in the event of the non-performance of this contract is any condition.

유사 판례

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