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(영문) 서울중앙지방법원 2013.10.10 2011가합138190
계약보증금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On May 26, 2008, the Plaintiff contracted the construction period from May 26, 2008 to January 10, 2010 each of the following (hereinafter referred to as “each of the instant construction works”) among the construction works on the Eup-Myeon Do Do Do Do Do Do Do Do Do Do Do-dong Road that was ordered by the Busan Local Land Management Agency by the Plaintiff to Do Do Do Do Do Do Do Do Do Do Do-dong

(B) Each contract of this case includes all of the terms and conditions of the same construction contract of this case as the unit of 4,90,600,000 2 3 4,725,600,000 4,725,600 4,000 4,000 4,060 2,060,300 4,000 16,494,500,000 16,000 2,060,000 4,000 49,60,000 4,00,000 2,00

Article 7 (Performance of Contracts and Payment Guarantee for Construction Costs) (1) and B (B) shall guarantee each other the performance of contracts and the payment of construction costs in any of the following manners:

(2) The guarantee between A and B under paragraph (1) shall be made by means of a cash payment or a delivery of a letter of guarantee under any of the following subparagraphs:

1. A letter of guarantee issued by a construction mutual aid association, specialized construction mutual aid association, guarantee insurance company, and guarantee agency equivalent thereto, such as the Korea Credit Guarantee Fund.

Article 25 (Cancellation and Termination of Contracts) (1) A or B shall, in the case falling under any of the following subparagraphs, notify in writing a period of the implementation (day or month) of a vow, and if the contract is not performed within the said period after the fixed period:

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