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(영문) 서울중앙지방법원 2017.02.07 2015가단5320209
보증채무금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 41,266,072 to the Plaintiff (Counterclaim Defendant) and the amount from September 19, 2014 to February 7, 2017.

Reasons

. be accompanied.

Provided, That the advance payment plan shall be prepared on the basis of a subcontractor which enters into a contract at the time of a request for advance payment, and in the case of a subcontract which is concluded after the submission of a prior payment plan, the advance payment plan shall be paid to the subcontractor within 15 days after the conclusion

(6) The other party to the contract shall submit documentary evidence of the distribution and receipt of the advance payment to the Corporation within 20 days from the date of receipt of the advance payment, and require the subcontractor to submit documentary evidence to the Corporation.

Article 4 (Settlement of Advance Payments) (1) A advance payment shall be adjusted at least by the following methods at the time of payment of the completed amount of advance payment:

Provided, That the Corporation subject to the management of labor cost classification and payment confirmation system shall be settled in accordance with the "4. Settlement Method" of LH Rules, "in the case of a construction project subject to the Labor Cost Classification and Payment Confirmation System".

(2) The settlement of advance payment = The settlement of advance payment = (amount equivalent to the advance payment or the amount equivalent to the advance payment) / Contract amount * In the case of construction or services, the contract amount shall be the amount to be implemented during the relevant year, but in the case of construction or services, the settlement shall be made by applying the predetermined amount to be performed according to the contract amount at the time of advance payment when the contract amount is adjusted after the advance payment.

Provided, That if the amount calculated in addition exceeds the corresponding base price, the excess shall be settled at the time of payment of the next base price.

Article 5 (Return) (1) In cases falling under any of the following subparagraphs after receiving a advance payment, the other party to the contract shall refund the relevant advance payment without delay:

Provided, That where the balance of the relevant advance payment is returned due to a cause attributable to the other party to the contract, it shall be returned in addition to the agreed amount.

In such cases, the agreed interest rate shall be the time the advance payment is made.

1. Cancellation of the contract; or

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