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(영문) 서울중앙지방법원 2015.12.11 2014가합541445
보증금 청구의 소
Text

1. The Defendant: 6% per annum from October 22, 2013 to July 4, 2014; and from the following day, from the date of 108,350,000 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was awarded a contract for the construction of a new school training institute for the Seogyeong-gu, Seogyeong-gun on the ground of the 2nd upper plane of the Gyeonggi-do Educational University (hereinafter “Seo River University”).

B. On April 23, 2013, the Plaintiff subcontracted the instant construction contract for reinforced concrete (hereinafter “instant construction”) to a road construction company (hereinafter “road construction”) during the said construction, with the period of construction fixed from April 23, 2013 to October 30, 2013 as the contract price of KRW 1,083,50,000 (including value-added tax) and the construction period from April 23, 2013 to October 30, 2013.

(hereinafter “instant subcontract”). The main contents of the instant subcontract are as follows:

1. The name of the prime contract: The construction work of the current interest campus training center;

2. Title of subcontracted construction: Construction of reinforced concrete;

3. The construction site: The 2nd of the west-gun, the 2nd of the upper Myeon in Gyeonggi-do, and the gambus of the Gangseo-do University.

4. Period of construction: October 30, 2013 as completion date, April 23, 2013.

5. Contract amount: 1,083,50,000 won (including value-added tax); 8. Contract bond: 108,350,000 won (general conditions) [108,350,000 won] (1) The plaintiff and road construction shall guarantee the execution of contracts and the payment of the contract price in one of the following methods:

1. The method of guaranteeing the performance of the contract in an amount equivalent to 10% of the contract amount to the Plaintiff. (3) The guarantee between the Plaintiff and the road construction pursuant to the provisions of paragraph (1) shall be paid in cash or by delivery of the letter of guarantee pursuant to the provisions of any of the following subparagraphs:

1. A guarantee letter issued by the Construction Mutual Aid Association, Specialized Construction Mutual Aid Association, Guarantee Insurance Company, Credit Guarantee Fund, and other equivalent guarantee organizations. 6. Where the plaintiff cancels or terminates the whole or part of the contract under Article 25 (1) as the road construction fails to perform its contractual obligations, the plaintiff may claim for the payment of the amount equivalent to the loss incurred by the cancellation or termination of the contract for the deposit under paragraph (3) 1

, however, a road construction;

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