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(영문) 서울중앙지방법원 2016.12.14 2015가합535232
보증금 청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all the Plaintiff.

Reasons

1. Basic facts

A. On March 28, 2013, the Plaintiff entered into a contract (hereinafter referred to as “instant contract”) including the following terms and conditions, with respect to the construction work of a golf club down and its affiliated Dong (hereinafter “instant construction”) among the construction works of the Hongcheon-gun Hongcheon-gun in writing, Hongcheon-do (hereinafter “Shee Construction”), with the Plaintiff: (a) the construction cost for the instant construction work; (b) KRW 18,700,000,000; (c) the construction period from April 10, 2013 to March 10, 2014; (d) the contract performance bond was 10% of the contract amount; and (e) advance payment was 5% of the contract amount at the time of the commencement of the construction work; and (e) the construction contract was concluded with the Plaintiff.

Accordingly, on June 12, 2013, the Plaintiff paid advance payment of KRW 935,00,000.

Article 4 (Contract Deposit) (1) of the General Conditions for the Contract for Construction Works (hereinafter referred to as "B") shall pay the contract deposit, in cash, etc., to the plaintiff (hereinafter referred to as "A") before the conclusion of the contract in order to guarantee the performance of the contract.

Provided, That this shall not apply where a contract deposit is agreed not to pay the contract deposit under this agreement with A and B.

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

1. Where a contract is terminated or terminated due to any cause provided for in the subparagraphs of Article 5 (Disposition of Contract Bond) (1) of the letter of guarantee issued by each mutual-aid association under Article 54 (1) of the Framework Act on the Construction Industry, the contract bond paid under Article 4 shall revert to Party A;

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 11 (Advance Payment) (1) A shall pay advance payment to B, as stipulated in the contract, and where A requests submission of a letter of guarantee at the time of advance payment, B shall be subject to the subparagraphs of Article 4 (2).

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