(영문) 서울중앙지방법원 2018.12.05 2018가합520576

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2018.12.05 2018가합520576

계약보증금 등

Text

1. The Defendant’s KRW 253,220,00 to the Plaintiffs and 6% per annum from December 8, 2017 to December 5, 2018.

Reasons

1. On December 2, 2017, the Plaintiffs entered into each construction contract (hereinafter “instant construction contract”) with the Defendant, setting the contract amount of KRW 1,151,00,000 (excluding value-added tax 10%) with respect to the construction works of Songpa-gu Seoul Building (hereinafter “instant construction works”), from December 11, 2017 to July 31, 2018 (date of commencement) and the contract deposit of KRW 230,200,000 for the contract deposit (excluding value-added tax 10%).

The main contents of the general conditions and special conditions of the contract for private construction works included in the instant construction contract are as follows.

A contractor (hereinafter referred to as "A") and a contractor (hereinafter referred to as "contractor") of a standard contract for private construction works shall cooperate with each other on an equal basis and faithfully implement the contract in good faith.

Article 4 (Deposit for Contract) (1) B shall pay the contract deposit, in cash, etc. to 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.

1. Certificates issued by each mutual-aid association under Article 54 (1) of the Framework Act on the Construction Industry;

2. Certificates issued by guarantee insurance companies, the Credit Guarantee Fund, and other equivalent institutions;

3. Payment guarantee or certificate of deposit by financial institutions;

4. State or local government bonds or (2) In case where the contract price has been increased pursuant to the provisions of Articles 19 through 21, the corresponding amount shall be paid pursuant to the provisions of paragraphs (1) and (2), and in case where the contract price has been reduced, the Party A shall return to Party B the contract bond of the corresponding amount.

Article 5 (Disposition of Contract Bond) (1) Where a contract is terminated or terminated due to any reason referred to in the subparagraphs of Article 31 (1), the contract bond paid pursuant to Article 4 shall revert to A.

In such cases, the amount of damages following the cancellation or termination of a contract shall be the contract bond.

참조조문

-건설산업기본법 제54조 제1항

유사 판례

-서울중앙지방법원 2017.10.20 2016가합556878

-춘천지방법원영월지원 2015.12.17 2014가합439

-서울중앙지방법원 2018.05.02 2017가합567752

-서울중앙지방법원 2017.11.23 2016가합560419

-울산지방법원 2018.12.13 2018가합20107