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(영문) 서울중앙지방법원 2018.06.27 2016가합568017
선급금 반환 청구의 소
Text

1. Defendant F Co., Ltd.:

A. As to KRW 123,048,649 and KRW 96,368,649 among them, Plaintiff A shall be subject to the disposition on November 23, 2016.

Reasons

1. Basic facts

A. 1) The Plaintiffs are co-owners of the Seoul Gangdong-gu Seoul Metropolitan Government G Land (hereinafter “instant land”), and as to the said land, the Plaintiffs owned the shares of the Plaintiff A 3/9 (name H), B, C (name H), and D, 2/9, respectively. (2) Defendant F Co., Ltd. (hereinafter “Defendant F Co., Ltd.”) is a contractor who was awarded a contract from the Plaintiffs for the construction of new buildings of the size of 1st and 6th above ground (hereinafter “instant construction”) on the parking lot of the I building located in the instant land from the Plaintiffs (hereinafter “instant construction”). Defendant E Financial Cooperative (hereinafter “Defendant Association”) guarantees the Defendant Company’s performance obligations and the obligation to return advance payments.

B. Article 4 [Deposit for Contract] of the General Conditions of the Contract for Private Construction Works to which the instant contract was entered into (1) The Defendant Company shall pay the contract bond set out in the contract to the Plaintiffs prior to the conclusion of the contract in cash, etc.

However, this shall not apply where the plaintiffs and the defendant company agree not to pay the contract bond under the agreement.

(2) A contract bond under paragraph (1) may be paid by a letter of guarantee issued by the following institutions:

1. Article 5 (Disposition of Contract Bond) (1) In the event that a contract is terminated or terminated due to any cause provided for in the subparagraphs of Article 31 (1), the contract bond paid under Article 4 shall belong to the Plaintiffs;

In such cases, where the amount of compensation for damage following the cancellation or termination of a contract exceeds the contract deposit, it may be claimed as compensation for the excess amount.

Article 10 (Advance Payment) (1) The plaintiffs shall pay advance payment to the defendant company as stipulated in the contract, and the defendant company shall issue a guarantee agency under each subparagraph of Article 4 (2) if the plaintiffs request the submission of a letter of guarantee at the time of advance payment.

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