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(영문) 수원지방법원안양지원 2014.08.14 2013가합763
채무부존재확인
Text

1. The plaintiff between the plaintiff and the defendant on December 28, 2005, based on the Asansan (Styeong) 2 Section Dredging construction contract concluded between the plaintiff and the defendant.

Reasons

1. Basic facts

A. The Plaintiff as a party is a company that runs the business of gathering earth, sand, and rock, etc. with its head office located in 497-10, Asan City. The Defendant is a public corporation with the aim of contributing to the economic and social development of rural communities by implementing a rural improvement project and comprehensively managing agricultural infrastructure.

B. (i) On December 28, 2005, the Plaintiff entered into a contract for dredging construction with the Defendant for Section 2 Section Asan (U.S.) (hereinafter “instant dredging contract”) and the contents of the instant dredging contract are as follows.

- The current status of the business and details of the contract - The business site location of Pyeongtaek-si in Gyeonggi-do: The period of the daily contract for the new agency of fung-si in Gyeonggi-do: from December 28, 2005 to December 31, 2009 (four years): Article 2 (Contract Period and Adjustment): 700,000§³ (the total contract period). (1) The total contract period shall be four years from December 28, 2005 to December 31, 2009, while the contract period for the business year of 2005 shall be from December 28, 2005 to December 31, 2005 each time, and the renewed contract shall be concluded on a yearly basis.

Article 3 (Deposit for Contract) (1) Contract deposit shall be 20/100 of the total contract amount, and 10/100 of the total contract amount at the time of the appointment of a guarantor shall be submitted to the bank account designated by “A” at the same time as the contract is made.

(2) If the total amount of contract increases, “B” shall pay a cash additionally to the bank account designated by “A” or submit a guaranty insurance policy to the increased amount.

Article 21 (Deposit for Facility Restoration) "B" shall deposit KRW 882,00,000, which is 30% of the total contract amount with the deposit for facility restoration, in cash at the bank account designated by "A" at the same time as the contract is concluded, or submit the surety insurance policy corresponding to the amount.

Article 22 (Period for Restoration and Removal of Facilities) ① “B” commences with respect to the restoration and removal of facilities from 60 days before the end of the contract, and the restoration and removal of facilities at the end of the contract are original.

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