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(영문) 서울중앙지방법원 2017.11.23 2016가합560419
계약보증금
Text

1. The Defendant’s KRW 152,714,80 for the Plaintiff and KRW 6% per annum from February 25, 2014 to November 23, 2017.

Reasons

1. Basic facts

A. On September 27, 2013, the Plaintiff entered into a contract and a guarantee agreement. (1) On September 27, 2013, the registered construction industry (hereinafter “registered construction”).

B) The Plaintiff’s new construction work (hereinafter “instant construction work”) between the Plaintiff and the Plaintiff

A) A contract was entered into between construction cost of KRW 2.387 million and construction period from September 30, 2013 to February 15, 2014 under which the contract was made to a master construction (hereinafter “instant contract”).

2) Of the general terms and conditions of the contract for private construction works included in the instant contract, the part related to the instant case is as follows: A and the contractor (titled construction): Article 5 (Deposit for Contract) (1) B shall pay the contract deposit specified in the contract to A in cash, etc. before the conclusion of the contract in order to guarantee the fulfillment of the contractual obligation. (2) A contract deposit under paragraph (1) may be paid in the form of a letter of guarantee issued by each of the following agencies:

1. Where Eul fails to commence construction even after the lapse of the period for commencement agreed upon without any justifiable ground;

2. Where it is evident that there is no possibility to complete the construction work within the completion date due to the grounds referred to in subparagraph (b).

4. Other cases where it is deemed that the purpose of the contract cannot be achieved due to the violation of the contract terms of the Eul.

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