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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Facts of recognition;
A. On March 27, 2015, the Plaintiff entered into a construction contract (hereinafter “instant prime contract”) with respect to the construction of the Modco Co., Ltd. (hereinafter “Modco Construction”) with respect to the construction of the Korea Advanced Institute of Dental Association (hereinafter “instant construction”) implemented on the ground of 1379 Geumnam-gu, Sungnam-gu (Seoul Special Metropolitan City).
A contractor of a contract: The plaintiff and the contractor: Raco Construction
3. Period of construction: From April 1, 2015 to March 31, 2016 (12 months from the commencement date of construction);
4. Contract amount: 2,354,000,000 won (including value-added tax).
6. Contract performance guarantee: Article 4 (Contract Performance Guarantee) of the General Conditions of the Contract for Construction (including Value-Added Tax) (1) The Constitutional Court shall pay to the Plaintiff the contract performance guarantee stipulated in the contract in cash within 15 days after the contract is concluded to guarantee the fulfillment of contractual obligations.
(2) A contract performance guarantee under paragraph (1) may be paid by a letter of guarantee issued by any of the following institutions:
1. Certificates issued by each mutual-aid association under Article 54 (1) of the Framework Act on the Construction Industry;
2. Where a contract is terminated or terminated for reasons provided for in the subparagraphs of Article 34 (1), a guarantee issued by an equivalent institution, such as a guarantee company and the Credit Guarantee Fund, shall revert to the plaintiff the contract deposit paid pursuant to the provisions of Article 4;
In such cases, where the amount of compensation for damage following the cancellation or termination of a contract exceeds the contract performance guarantee, the plaintiff may claim damages for the excess in the construction of the Daco.
Article 9 (Period of Commencement and Completion of Construction) (1) The date of commencement and completion of construction shall be the date specified in the contract.
(3) The date of completion means the time a completion inspection under Article 28 of the general conditions of a construction contract is completed after approval for use by the relevant authority.
Article 31 (Compensation for Delay) (1) The construction of the Morocco shall not obtain approval for the use of the relevant Office within the date of approval for use stipulated in the contract.