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(영문) 수원지방법원성남지원 2015.12.18 2015가단3036
손해배상
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant completed the registration of ownership transfer on October 15, 2013 with respect to the land of 487-2 amusement park, 12864 square meters in a Dong-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri (hereinafter “instant

B. On July 4, 2014, the Plaintiff (Dayang Construction Co., Ltd.) and the Defendant concluded a contract (hereinafter “instant contract”) stating the following terms and conditions, on July 10, 2014, for the instant land owned by the Defendant, including: (a) November 10, 2014; (b) contract amount of KRW 8 billion on the completion of construction; (c) contract deposit of KRW 300 million; (d) contract deposit of KRW 300 million; (e) advance payment of KRW 1.5 billion; (f) monthly payment of KRW 1.5 billion; (f) the contractor; and (f) the Defendant and the Plaintiff as the Plaintiff.

Article 3 of the general terms and conditions of a contract for private construction works [contract Documents] ① Contract documents shall be composed of contract documents for private construction works, general conditions of contract for private construction works, special conditions of contract for construction works, design documents and calculation sheets, and shall have the effect of mutual supplementation.

(2) Any notification document, etc. between parties to a contract under the conditions as prescribed by this condition shall have the effect as a contract document.

Article 4 [Deposit for Contract] (1) The Plaintiff shall pay in cash, etc. to the Defendant the contract bond set out in the contract to guarantee the performance of the contract.

However, this shall not apply where the defendant and the plaintiff agree not to pay the contract deposit upon consultation.

(2) A contract bond 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. Certificates issued by guarantee insurance companies, the Credit Guarantee Fund, and other equivalent institutions;

3. Payment guarantee or certificate of deposit by a financial institution;

4. Article 5 (Disposition of Contract Bond) (1).

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