(영문) 서울중앙지방법원 2014.09.17 2014가합22609

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(영문) 서울중앙지방법원 2014.09.17 2014가합22609

계약보증금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 29, 2012, the Plaintiff entered into a contract agreement with the non-party corporation A (hereinafter referred to as the “A”) on the construction work for substantial repair of the exterior of the building of the "Smi-si, Ansan-si, the Korea Hotel Vocational Professional School" (hereinafter referred to as the "Smi-si"), 70 million won, the construction period from October 30, 2012 to February 28, 2013; the contract bond of KRW 140 million; the advance payment of KRW 140,000,000; the completed payment of the construction amount of KRW 140,000; the contract deposit of KRW 140,00,000; the completed payment of the construction amount of the construction amount of the building between the end of the period of December 2, 2012 to the second 20% (20%); the second 20% (20%) and the second 30% of the construction amount of the construction work amount of the building after completion; the construction period of the construction period of the construction period of the same 30.

(2) In order to guarantee the performance of contractual obligations, the contractor shall pay the contract deposit, as set out in the contract, to the contractor in cash, etc. before concluding the contract in order to guarantee the performance of the contract.

Provided, That this shall not apply where a contractor and a contractor agree not to pay a contract bond under an agreement.

(2) A contract bond under paragraph (1) may be paid by a letter of guarantee issued by the following institutions:

1. Where a contract is rescinded or terminated due to the reasons under the subparagraphs of Article 5 (Disposition of Contract Deposit) (1) of the letter of guarantee issued by each mutual-aid association under Article 54 (1) of the Framework Act on the Construction Industry, the contract deposit paid under Article 4 shall revert to the contractor;

In such cases, if the amount of damages following the cancellation or termination of a contract exceeds the contract bond, it shall be applied.

참조조문

-건설산업기본법 제54조 제1항

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