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(영문) 인천지방법원 2018.09.04 2017가합51562
보증보험금
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) from March 14, 2017 for KRW 603,460,467 and KRW 300,00,000 among them; (b)

Reasons

1. Basic facts

A. On August 28, 2015, the Plaintiff was awarded a contract with the term “E Corporation” at KRW 4,037,763,700 as the contract amount, which was to be performed by the Chief Contracting Officer of the National Armed Forces in Jin-si. D.

B. On April 25, 2016, the Plaintiff concluded a contract with Defendant B on August 27, 2016, setting the contract amount of reinforced concrete construction works as the contract amount of KRW 403,601,00, and the date of completion (determined to be completed). On August 22, 2016, the Plaintiff entered into a modified contract with Defendant B on August 31, 2016, stipulating that the contract amount shall be increased to KRW 1,298,330,000 and that the construction period shall be extended to October 31, 2016. On October 30, 2016, the Plaintiff again concluded a modified contract with the content that the construction period of the said reinforced concrete construction works shall be extended to December 31, 2016.

(hereinafter “instant contract”). (c)

In addition, on August 26, 2016, the Plaintiff awarded to Defendant B the contract amount of KRW 364,870,000 for the pelvis construction directly operated by the support facilities among the above facilities construction.

(hereinafter referred to as the “instant additional contract,” and the instant contract is combined with the said contract. D.

On May 4, 2016, pursuant to the instant contract, the Plaintiff paid advance payment of KRW 149,941,000 to Defendant B (hereinafter “instant advance payment”).

However, in the instant supplementary contract, the Plaintiff is expected to pay materials, equipment, etc. in connection with the instant additional contract, and thus, the Defendant B does not pay a separate advance payment.

E. In common, in the instant contract, the payment for completed portion shall be made once a month, and each contract shall be made according to the standard form of construction subcontract (main sentence) or the terms and conditions of the construction subcontract, and specifically, in relation to advance payment, the standard form of construction business (main sentence) shall have the following provisions.

Article 33 (Advance Payment) (6) Advance payment shall not be used for any purpose other than that of a contract, and shall be used preferentially for paying wages and securing materials.

(7) An advance payment shall be settled according to the following formula whenever the price for a completed portion is paid:

(b)in advance.

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