(영문) 서울중앙지방법원 2017.11.01 2017가합517566

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(영문) 서울중앙지방법원 2017.11.01 2017가합517566

보증금 등 청구의 소

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1. The Defendant’s KRW 20,000,000 as well as 6% per annum from October 26, 2015 to November 1, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On November 27, 2014, the Plaintiff entered into a subcontract (hereinafter referred to as the “instant subcontract”) with respect to construction work during the said construction work (hereinafter referred to as “instant construction work”) between Korea Industrial Development Co., Ltd. and D Co., Ltd. (hereinafter referred to as “D”) on the condition that the construction amount would be KRW 3,487,00,000 (including value-added tax) and the construction period would be from December 1, 2014 to November 30, 2015. The main contents of the standard subcontract terms attached to the instant subcontract are as follows.

Article 7 (Execution of Contracts and Guarantee for Payment of Contract Price) (1) The plaintiff and D shall guarantee each other the execution of contracts and the payment of contract price in the following manners:

1. D means to guarantee 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 D pursuant to the provisions of paragraph (1) shall be paid in cash or delivered as a guarantee under any of the following subparagraphs:

1. A letter of guarantee issued by the Construction Mutual Aid Association, Specialized Construction Mutual Aid Association, Guarantee Insurance Company, Credit Guarantee Fund, and other equivalent guarantee organizations. 6 If the Plaintiff cancels or terminates all or part of the contract under Article 25 (1) due to the failure of D to perform contractual obligations, the Plaintiff shall revert to the total amount of the deposit under paragraph (3) 1;

(7) If the unpaid amount of the contract price of the plaintiff and the amount of losses caused by the failure of the contract of D exceeds the deposit as referred to in paragraph (1), the plaintiff and D may claim the excess amount to the other party.

Article 23 (Defect Security) (1) D shall pay to the plaintiff the amount calculated by multiplying the contract amount by the rate of the defect warranty bond specified in the contract (hereinafter referred to as "deposit for defect repair") by the contract amount, in cash or by the following certificate, until the price for the construction is paid after completion inspection:

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