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(영문) 서울중앙지방법원 2015.09.18 2014가합59250
보증금
Text

1. The defendant shall pay 123,584,00 won to the plaintiff and 20% per annum from December 13, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a subcontract of this case with Hyundai Construction Co., Ltd., Large Construction Co., Ltd., Large Construction Co., Ltd., and joint contractors (hereinafter “joint contractors of this case”).

(2) On March 21, 2011, the Plaintiff, as the representative of the instant joint supply and demand company, subcontracted the construction cost of KRW 22,446,60,00 (including value-added tax) for the 5-2 construction section (hereinafter “instant construction”) among the construction works for the labor team, with the construction cost of KRW 22,46,60,00 (including value-added tax) and the construction period of KRW 22,46,60 from March 22, 2011 to April 29, 2014.

(hereinafter “instant subcontract”). The main contents of the instant subcontract are as follows.

Article 22 (Advance Payment) (1) The plaintiff shall pay the advance payment to the Twit Construction as stipulated in the contract.

(2) When the Plaintiff receives advance payments from the project owner, he/she shall pay advance payments to reconstruction in accordance with the terms and conditions and ratio of the advance payments he/she receives within 15 days from the date he/she receives such advance payments, as stipulated in the contract.

(4) No advance payment shall be used for any purpose other than the purpose of a contract, and shall be used preferentially in paying wages and securing materials.

(5) An advance payment shall be settled by the following formula whenever he/she pays the consideration for the part in nature:

An advance payment = Amount to be settled = Contract amount equivalent to the price of the completed portion 】 Contract amount / (1) In any of the following cases, where the plaintiff or dispatch construction falls under any of the following subparagraphs, if the contract is not performed within the said period after demanding the contract to be performed in writing, the contract may be rescinded or terminated in whole or in part:

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