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(영문) 서울고등법원 2016.08.25 2016나2006123
보증채무금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a public institution organized under the Organization of the Korean National Red Cross Act, which conducts medical services (including blood business and small and medium businesses).

The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) is a contractor who received a contract from the Plaintiff for part of the interior remodeling works within the main office of the Seoul Red Cross Hospital, and the Defendant is a mutual aid association that guaranteed the above construction works pursuant to the Framework Act on the Construction Industry.

B. On May 2, 2013, the Plaintiff entered into a construction contract with the Intervenor on May 2, 2013 (hereinafter “instant construction contract”) and the construction and machinery construction works among the remodeling works inside the main office of the Seoul Red Cross Hospital (hereinafter “instant construction”).

A) A construction period: (a) on May 6, 2013 to September 2, 2013; (b) on construction cost: KRW 2,474,432,951 (including value-added tax); (c) the rate of security deposit for repairing defects: 3/100; and (d) the warranty period: by type of work; and (c) on May 6, 2013, the construction work for installation and replacement of an elevator (hereafter referred to as “the instant elevator construction work” in cases where only the construction work is separately referred to as “the instant elevator construction work”.

The construction period was extended on November 25, 2013 (hereinafter referred to as the “instant construction contract”) in order to implement in a successive manner.

(1) Except as otherwise provided for in this condition, the definitions of terms used in this condition are as follows: 10. The Enforcement Decree of the Act on Contracts to which the State is a Party; the Enforcement Decree of the Act on Contracts to which the State is a Party; the Enforcement Rule of the Act on Special Cases concerning Contracts to which the State is a Party for Specific Procurement; the Enforcement Rule of the Act on Special Cases concerning Contracts to Which the Rules on Contracts to Which the State is a Party is a Party; and the contract rules and regulations.

(4) A contract bond, which shall be forfeited to the National Treasury under paragraphs (1) and (2), shall be completed.

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