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(영문) 광주지방법원순천지원 2016.09.30 2015가단78721
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Basic facts

A. Conclusion of the subcontract 1) The Intervenor joining the Plaintiff (hereinafter “ Intervenor joining the Plaintiff”)

(A) On July 12, 2013, the Corporation (hereinafter referred to as the “instant Corporation”) among the Works (name of construction: A) for removal and extension of factories ordered by the Geumho T&P Co., Ltd. (hereinafter referred to as the “instant Works”).

corporation B (hereinafter referred to as “B”)

(3) As to the construction price of KRW 5,764,00,000, the construction period from July 12, 2013 to March 31, 2015, the construction price of KRW 10% is determined and subcontracted (hereinafter “instant subcontract”).

(2) The contents of the general terms and conditions of the instant construction contract related to the instant construction project are as follows.

Article 3 (Deposit for Contract; hereinafter the same shall apply) (1) B (referring to B; hereinafter the same shall apply) shall pay or submit to A (referring to an intervenor; hereinafter the same shall apply), in cash or with a letter of guarantee or security listed in the following subparagraphs, not later than the time the contract is concluded, except as otherwise provided.

1. Where a guarantee insurance company or a guarantee agency equivalent thereto issues A as the insured, and a letter of guarantee or securities under a special contract for the fixed amount compensation of at least the guaranteed amount, which is provided for in Article 4 (Disposition of Contract Bond) (1) fails to perform any of its contractual obligations, the contract bond shall revert to A;

Article 8 (Advance Payment) (3) No advance payment shall be used for any purpose other than the purpose of a contract, and it shall be used preferentially for paying wages and securing materials.

(5) If it is impossible to use advance payment for any purpose other than the purpose of a contract, or to perform a contract due to force majeure, such as bankruptcy or labor dispute resolution, Eul shall immediately return the remainder of the advance payment to A in cash.

Article 32 (Cancellation and Termination of Contract) (1) In the case falling under any of the following subparagraphs, A or B shall, after giving written notice to the other party for a period of not less than 14 days, cancel or terminate the whole or part of the contract concerned when performance is not made within the said period after giving him notice

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