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(영문) 부산고등법원 2020.01.23 2019나51829
손해배상(건)
Text

1. All the Plaintiff’s appeal and the Plaintiff’s claim for exchange change in this court and its extended claim.

Reasons

1. Basic facts

A. On May 26, 2017, the Plaintiff entered into a remodeling construction contract with the Defendant and Busan Dong-gu Kadong-gu C (hereinafter “the instant cartel”) for the remodeling cartel (hereinafter “the instant construction contract”). The main contents are as follows.

Standard contract for private construction works (revision)

1. Name of official: Works to remodel DoMoel;

2. The construction place: Busan Dong-gu C

3. Date of commencement: The date scheduled for completion on May 26, 2017: 83,100,000 won: The contract amount on September 26, 2017: 914,100,000 won: 831,00,000 won: 83,100,000 won.

6. Contract bond: 5% of the contract amount; and

7. Prepaid gold: Matters discussed.

8. Weather gold: Matters discussed.

9. Balance: Consultation 13. Other matters: Article 10 (Advance Payment) of the General Conditions for Standard Contract for Private Construction Works for the Modification of the Contract Price and Extension of Period of Construction Works (Advance Payment) (1) The plaintiff shall pay the advance payment to the defendant under the terms and conditions set forth in the contract, and if the plaintiff requests the submission of a letter of guarantee at the time of advance payment, the defendant shall submit a certificate of guarantee issued by the guarantee agency

(2) The advance payment under paragraph (1) shall be made within 14 days after the defendant's request is received.

Provided, That this shall not apply where payment is impossible due to inevitable reasons, such as financial standing, and the defendant is notified in writing.

(3) The defendant shall not use the advance for other purposes than the purpose of the contract, and shall use it in preference to the payment of wages and the securing of materials.

(5) In cases falling under any of the following subparagraphs, the plaintiff may request the return of the balance of the relevant advance payment:

1. Where the contract is rescinded or terminated;

2. Where a pre-paid condition is violated. 6. The plaintiff shall preferentially appropriate the balance unpaid as at the time of the request for refund under paragraph (5) to the unpaid amount.

Article 17.

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