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(영문) 서울중앙지방법원 2015.12.23 2014가합578324
보증금
Text

1. The Defendant’s KRW 769,686,910 among the Plaintiff and KRW 402,812,910 among them shall be KRW 366,874,00 from June 28, 2013, and KRW 366,874,00.

Reasons

1. Basic facts

A. (1) On March 26, 2012, the Plaintiff entered into the instant subcontract agreement with the Defendant’s Intervenor, and the Plaintiff entered into a new agreement with the Korea Highway Corporation (section 1) in order to offset the capacity of seals arising from concrete, among the construction works between the national expressways A (section 1) that the Plaintiff supplied and supplied by the Korea Highway Corporation, and put into a steel line in order to offset the capacity of seals arising from concrete under the concrete under the contract, and put into a concrete with the compressed power in advance) I-BEM production and installation works (hereinafter “instant construction”).

(2) From March 26, 2012 to December 31, 2014, the term of construction period is 4,112,90,000 won, advance payment is 551,10,000 won, advance payment period is 551,10,000 won, and advance payment securities warranty period is 10% from March 26, 2012 to February 28, 2013, the contract amount is 10% of the contract deposit, and the date of completion (including the date of completion of the contract) from the date of commencement of the contract warranty period is determined and subcontracted to the Defendant Intervenor (hereinafter “instant subcontract”).

(2) The main contents of the instant subcontract are as follows.

Article 7 (Performance of Contracts and Guarantee for Payment of Contract Price) (1) The plaintiff and the defendant supplementary intervenor shall mutually guarantee the execution of contracts and the payment of contract price in the following manner:

Provided, That where the payment guarantee of subcontract consideration is exempted under the Framework Act on the Construction Industry or the Fair Transactions in Subcontracting Act, the payment guarantee of subcontract consideration may not be granted.

1. Article 22 (Advance Payment) (1) The Plaintiff shall pay advance payment to the Defendant’s Intervenor in accordance with the contract, as stipulated in the contract.

(3) When the Defendant’s assistant intervenor wishes to receive advance payment, he shall submit to the Plaintiff a certificate under each subparagraph of Article 23(1) (the letter of guarantee, etc. issued by the Defendant).

(4) An advance payment shall not be used for any purpose other than the purpose of a contract, be used preferentially for paying wages and securing materials, and where the plaintiff requests an advance payment use plan as deemed necessary, the defendant's assistant intervenor shall do so.

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