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(영문) 서울중앙지방법원 2017.04.28 2015가합515443
계약보증금 등 청구
Text

1. The defendant shall pay to the plaintiff KRW 206,60,000 as well as 6% per annum from February 7, 2014 to March 19, 2015 and the next day.

Reasons

1. Basic facts

A. Conclusion 1 of the instant contract is the project undertaker of the construction project of “B apartment (hereinafter “instant apartment”) with the scale of 2nd underground floor above and 697 units above the 21st floor above the 21st floor above the Changwon-si, Changwon-si, the Plaintiff is the project undertaker of the construction project. The Plaintiff, on February 25, 2013, entered into a contract with the Co., Ltd. (hereinafter “C”) and the construction project of the instant apartment (hereinafter “instant construction project”) with respect to “2 billion won” and “the construction project cost” during the construction project of the said apartment (hereinafter “instant contract”).

(2) The main contents of the General Conditions for the Subcontract of Construction Works applicable to the instant contract (hereinafter “General Conditions”) and the Special Terms and Conditions, which are a special agreement between the Plaintiff and C, are as follows:

Article 1 of the General Conditions for the Subcontract of Construction Works (3) Other contracts contrary to the terms and conditions of this Agreement shall take precedence over the provisions of this Agreement.

except that the matters not provided for in this contract under Article 30 (Special Conditions) shall not be specified by a special agreement between the plaintiff and C on an equal basis.

Article 7. 7: Performance of Contracts and Payment Guarantee for Construction Costs; ① The plaintiff and C shall guarantee the mutual payment of contract performance and the payment of construction costs by means of any of the following methods:

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

1. C Performance guarantee of the amount equivalent to 10% of the contract amount to the Plaintiff. (2) The guarantee between the Plaintiff and C pursuant to paragraph (1) shall be paid in cash or delivered in accordance with any of the following subparagraphs:

1. A letter of guarantee issued by the construction mutual aid association, specialized construction mutual aid association, guarantee insurance company, and guarantee agency equivalent thereto, such as the Credit Guarantee Fund.

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