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(영문) 서울중앙지방법원 2017.09.06 2017가합514826
계약이행보증금 등
Text

1. The defendant,

A. 6% per annum from October 22, 2016 to March 9, 2017 to the Plaintiffs’ KRW 1,724,900,000, and its amount.

Reasons

1. Basic facts

A. On December 12, 2014, the Plaintiffs and D Co., Ltd. (hereinafter “D”) entered into a subcontract agreement with E Co., Ltd. with respect to construction works for F Housing District 1 and 2 apartment complexes (hereinafter “instant construction works”). On July 23, 2015, the Plaintiffs entered into the subcontract agreement with D Co., Ltd. (hereinafter “instant subcontract agreement”) with respect to the structural construction works among the instant construction works (hereinafter “instant subcontracted construction works”) with the construction period as KRW 17,249,000 (including value-added tax).

The main contents of the general conditions of the construction contract attached to the instant subcontract (hereinafter “instant general conditions”) and the special conditions of the construction contract (hereinafter “the instant special conditions”) are as follows.

Article 22 (Advance Payment) (1) of the General Conditions of this case shall pay advance payment to D as stipulated in the contract.

(4) Advance payments shall not be used for any purpose other than the original purpose of a contract, and shall be used preferentially for paying wages and securing materials.

Article 15 (Cancellation and Termination of Contracts) (1) Notwithstanding Article 25 (1) of the General Conditions of this case, the Plaintiffs may cancel or terminate all or part of this Agreement without the peremptory notice in any of the following cases:

4. Where the failure or delayed payment of labor costs, material costs, equipment costs, meals, expenses, etc. causes interference with the progress of construction works (including the occurrence of arrears for at least two months);

B. On July 23, 2015, D and the Defendant’s contract for performance guarantee entered into a contract for performance guarantee (hereinafter “instant contract for performance guarantee”) with the Defendant and the guaranty creditor, the Plaintiffs, the guaranty creditor, the amount of security deposit 1,724,90,000, and the guarantee period from July 23, 2015 to December 31, 2016 (hereinafter “instant contract for performance guarantee”).

A contract for performance guarantee of this case.

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