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(영문) 서울중앙지방법원 2014.01.24 2012가합537695
계약보증금 청구
Text

1. The Defendant’s KRW 451,980,014 as well as 6% per annum from November 22, 2012 to January 24, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On April 20, 2009, the Plaintiff was supplied with small-scale national highways 2, which was ordered by the Busan Regional Land Management Agency, by organizing a joint supply and demand organization (hereinafter referred to as “joint supply and demand organization for the Plaintiff”) with a white construction company (hereinafter referred to as “constition construction”).

B. The Plaintiff and White Construction decided the representative of the joint contractors on the part of the Plaintiff as the Plaintiff, and the contents of the joint supply and demand agreement under the Guidelines for the Management of Joint Contracts established by the Ministry of Strategy and Finance at the time are applied as they are. Article 4(2) of the Guidelines for the Management of Joint Contracts provides that “the representative of the joint contractors shall represent the joint contractors with respect to the period and third parties” and Article 3(3) of the Standard Agreement for Joint Supply and Demand provides that “the representative of the joint contractors shall have the authority to manage the property of the joint contractors and claim

C. On May 10, 2010, the Plaintiff’s joint contractors concluded a subcontract for the construction period between May 10, 2010 and February 22, 2014; the construction cost of construction KRW 14.278 billion to the Non-Party Daedong Development Co., Ltd. (hereinafter “Modong Development”).

(hereinafter referred to as the “instant subcontract” is referred to as the “instant subcontract,” which was entered into with the Plaintiff’s joint contractors.

The cover of the instant subcontract is indicated as follows on the contract bond and the terms and conditions of the contract.

8. Contract bond: 10% of the total sum of KRW 10 million per annum (1,427,800,000): Provided, That the contract bond shall be penalty for breach of contract, and the same shall be paid in full to the joint supply and demand supplier regardless of the progress rate in the case of breach of contract; and

(Interim omitted) Parties shall enter into the instant subcontract in accordance with the terms and conditions of the instant subcontract and the design drawings and specifications, and draw up two copies of the contract, respectively.

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