(영문) 서울고등법원 2015.11.06 2013나62812

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(영문) 서울고등법원 2015.11.06 2013나62812

이행보증금 등

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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On November 18, 2010, the Plaintiff entered into a service contract (hereinafter “instant service contract”) with the Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”): new nice design and contract amount: KRW 700,000 (excluding value-added tax), contract deposit: KRW 154,00,000: KRW 2.5/1,000; and the contract period: from the date of entering into the instant service contract, until June 30, 201 (hereinafter “instant service contract”). The parts related to the instant case in relation to the “design Services (i.e., special conditions)” and “general conditions of service” (hereinafter “general conditions”) are as follows:

[Special Conditions] The plaintiff and the supplementary intervenor enter into a service contract for requesting design for the whole unit of the plaintiff's genetics as follows.

Article 1 (General Provisions) The purpose of this Agreement is to stipulate and facilitate all the matters between the plaintiff and the intervenor and to ensure that the plaintiff complies with the terms of mutual trust and good faith when requesting the supplementary intervenor to make the design of the plaintiff.

Article 2 (Period of Contract) The contract term of this Agreement shall be from the date of conclusion to June 30, 201.

Article 3 (Contract Deposit) (1) In order to guarantee the performance of this Agreement, the supplementary intervenor shall pay to the Plaintiff an amount of not less than 20/100 of the contract amount before the conclusion of this Agreement in cash (or check) or as a performance (contract) guaranty insurance

(2) Where the Plaintiff pays advance payment to the supplementary intervenor, the supplementary intervenor shall submit in advance the guaranty insurance policy for the total amount of advance payment to the Plaintiff.

Article 4 (Disposition of Contract Bond) (1) When an intervenor does not perform his/her contractual obligations, the contract bond under Article 3 shall be reverted to the Plaintiff.

(2) A contract bond under Article 3 shall be refunded at the request of an auxiliary intervenor after the contract is fulfilled.

Article 5 (Contents of Performance) (1)

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