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(영문) 서울중앙지방법원 2018.09.12 2018가합500954
계약이행보증금 청구의 소
Text

1. The Defendant’s KRW 2,722,152,787 as well as the Plaintiff’s KRW 6% per annum from February 21, 2017 to January 16, 2018.

Reasons

Basic Facts

On December 18, 2014, the Plaintiff entered into a contract between the Plaintiff and C Co., Ltd. with the Government of Flexible and D Business (hereinafter “instant business”).

On February 2, 2015, the Plaintiff concluded a contract for the supply and construction of equipment necessary for the instant project with C Co., Ltd. (hereinafter “C”) as follows:

Contract amount: Contract bond of KRW 38,653,00,000 (including value-added tax): The date of commencement of the contract: March 1, 2015: Contract bond of KRW 3,865,30,000: the date of completion of the contract: April 30, 2019: Article 6 (Guarantee and Repair of Defects) of the Special Conditions for Contract Performance Guarantee Policy (10% of the contract amount) (10% of the contract amount). The other party to the contract shall guarantee the contract for the period specified in Article 21 that the details of the performance are consistent with the documents specified in Article 21, and shall bear the responsibility for any defect arising from

(2) In order to guarantee the details under paragraph (1), the other party to the contract shall pay to the Plaintiff a guarantee of a guarantee of cash or guarantee insurance policy, etc. based on the rate of warranty bond specified in the contract for defect repairs until the date designated by the Plaintiff (after the third party), Article 6 (Payment Guarantee of Contract Deposit, Payment Guarantee of Contract Price, and Joint and Several sureties) of the General Conditions for Construction Contracts (1) The party to the contract shall pay in cash or a guarantee of at least 10/100 of the contract amount to the person in charge of the contract, such as

Article 7 (Disposition of Contract Deposits and Payment Bond for Construction Costs) (1) If the other party to a contract fails to perform his/her contractual obligations without justifiable grounds, the contract deposit shall revert to the Plaintiff.

Article 39 (Cancellation or Termination of Contracts due to Reasons attributable to Contracting Parties) (1) The person in charge of contracts shall fall under any of the following subparagraphs:

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