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(영문) 서울중앙지방법원 2018.05.02 2017가합567752
계약보증금
Text

1. The defendant shall pay KRW 6,618,082 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Facts of recognition;

A. On February 23, 2015, the Plaintiff entered into a contract and a guarantee agreement. (1) On February 23, 2015, the Plaintiff (hereinafter “Nonindicted Company”).

2) The Plaintiff’s construction of new technology research institutes (hereinafter “instant construction”).

) A contract was entered into between the non-party company and the construction cost of KRW 7.92 billion; the construction period from March 23, 2015 to February 28, 2016; and on September 28, 2016, extended the construction period of the said contract to February 28, 2017 (hereinafter “instant contract”).

(2) A contract deposit under paragraph (1) may be paid in cash, etc. to A before entering into a contract in order to guarantee the performance of the contract. Article 31 (1) of the Framework Act on the Construction Industry; Presidential Decree No. 2060, Feb. 1, 2008; Presidential Decree No. 20340, Feb. 2008; Presidential Decree No. 20130, Feb. 2, 2008; Presidential Decree No. 20130, Feb. 2, 2008; Presidential Decree No. 20130, Feb. 2, 2008>

1. Where Eul fails to commence construction even after the lapse of the period for commencement agreed upon without any justifiable ground;

2. Where it is evident that there is no possibility to complete the construction work within the completion date due to the grounds referred to in subparagraph (b).

4. Other terms and conditions of the contract.

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