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(영문) 서울중앙지방법원 2017.03.28 2016가합536904
보증금반환
Text

1. The Defendant shall pay to the Plaintiffs KRW 660,00,000 and the interest rate of KRW 15% per annum from June 30, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiffs, on November 27, 2015, entered into a contract between the Plaintiff and Ham integrated Construction Co., Ltd. (hereinafter “Ham integrated Construction Co., Ltd.”) (hereinafter “Ham integrated Construction Co., Ltd.”)

The construction of ground business facilities (hereinafter referred to as “instant construction”) between Jung-gu, Seoul and eight parcels of land (hereinafter referred to as “instant construction”).

As to the date of commencement, each contract (hereinafter “instant contract”) shall be set at KRW 60,00,000 for each contract deposit and advance payment (excluding value-added tax), KRW 660,000 for the contract deposit and advance payment (excluding value-added tax), and KRW 1/1,000 for delay compensation (hereinafter “instant contract”).

(2) The general conditions applicable to the instant contract are as follows.

Article 1 (General Provisions) A contractor (hereinafter referred to as "A") and contractor (hereinafter referred to as "B") shall cooperate on an equal footing and faithfully implement the contract in good faith.

Article 4 (Contract Deposit) (1) "B" shall pay the contract deposit set forth in the contract to "A" in cash, etc. before the conclusion of the contract in order to guarantee the performance of the contract.

However, the same shall not apply to cases where "A" has been agreed not to pay a contract bond under this agreement. (2) A contract bond under paragraph (1) may be paid in a letter of guarantee issued by each of the following agencies.

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