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(영문) 대구지방법원포항지원 2015.07.21 2014가합41013
계약보증금 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 31, 2009, the Plaintiff entered into a subcontract between the Plaintiff and Jinjin Construction Co., Ltd. (hereinafter “Ginjin Construction”), and the Plaintiff entered into a subcontract on December 31, 2009.

B) As to the Plaintiff’s work of preventing, checking, and supporting the maintenance of the secondary machinery and equipment on the 2nd 1st 3th 1 and 2th 4th 1. The Plaintiff entered into a subcontract or modified contract as described below [Attachment 1] 1, 123, 936, 00 on the date of the contract (including value-added tax) 1, 120 on December 31, 209, 200 1, 20. 1 to 30. 4th 1, 201, 20. 1 to 30. 4th 1, 201, 20. 1 to 4th 1, 201, 20. 1 to 3th 1, 204, 201, 1 to 4th 1, 205, 201, 1 to 1, 2013. 1, 2014

[General Conditions of Construction Contract] Article 8 (Disposition of Contract Deposit) (1) If the other party to a contract fails to perform his/her contractual obligations without any justifiable reason, the contract bond reverts to us.

Article 31 (Compensation for Delay) (1) When the other party to a contract fails to complete the construction works within the deadline for completion prescribed in the contract, he/she shall pay in cash the amount calculated by multiplying the contract amount by the rate of compensation for delay prescribed in the contract every day.

Article 37 (General Damage) (1) The counter-party to the contract shall bear the costs of the construction, the objects of the construction, the supply of private materials, the leased goods and the third party during the execution of the contract.

Provided, That where any cause not attributable to the other party to the contract occurs, the project owner shall bear it.

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