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(영문) 서울고등법원 2015.11.11 2014나57169
계약이행보증금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Article 1 of the General Conditions of Basic Fact Contracts (Guarantee of Performance of Contracts and Payment of Price) ① and Article 7 (Guarantee of Performance of Contracts) and Section (B) (referring to the plaintiff) shall mutually guarantee the payment of the construction cost and the execution of the contract by the methods falling under any of the following:

2. The contract execution guarantee of the amount equivalent to 10/100 of the contract amount to Gap.

1. Where the electrical construction mutual aid association (5) A cancels or terminates all or part of a contract under Article 25 (1) due to the failure of the mutual aid association B to perform its contractual duties, A 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 (2);

Provided, That where B has delivered a cash payment or a letter of guarantee, etc. pursuant to the provisions of paragraph (2), the amount equivalent to the amount of loss shall revert to A.

(6) Where a loss incurred by the failure, etc. to pay the construction price of Party A and the failure to pay the contract of Party B exceeds the deposit under paragraph (1), Party A and Party B may claim the excess amount to the other party.

Article 25 (Cancellation and Termination of Contract) (1) In cases falling under any of the following subparagraphs, A or B may terminate all or part of the contract in question, if the contract is not performed within the said period after setting in writing a period of time, and peremptory notice is given, for a considerable period of time:

2. Where it is deemed impossible to complete the construction work in the air due to any cause attributable to the debtor, such as bankruptcy;

A. On May 18, 201, Dongbu Construction Co., Ltd. (hereinafter “Dongbu Construction”) concluded between Dongbu Construction Co., Ltd. (hereinafter “B”) and Dongbu Construction Co., Ltd. (hereinafter “Dongbu Construction”), among the new construction works of Mancheon Dobub rental apartment (hereinafter “instant construction”).

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