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(영문) 서울서부지방법원 2019.01.31 2017가합40337
보증채무금
Text

1. The Defendant’s KRW 321,510,00 for the Plaintiff and KRW 6% per annum from May 13, 2017 to January 31, 2019.

Reasons

1. Basic facts

A. The Plaintiff (Jurisdiction: Defense Acquisition Program Administration) entered into a service contract and contract guarantee contract; 1) On August 18, 2014, the Plaintiff (Administrator of the Defense Acquisition Program Administration) is a stock company B (hereinafter “B”) conducting projects, such as the development of the Formula 2.

) A service contract for development and C&D (a project that develops and manufactures training equipment and software that enables maternity training in the circumstances of various subdivisions in order to enable combat forces belonging to a military unit to obtain the recognition of a de facto combat sense in the former site (hereinafter “instant service contract”) with respect to the total contract amount of KRW 3 billion, KRW 62 billion, the contract period of the contract until December 9, 2016, KRW 0.15%, the interest rate for delayed delay interest rate of KRW 0.15%, the contract deposit of KRW 450,93 million (15% of the contract amount) (hereinafter “instant service contract”).

(1) A public official in charge of contracts shall rescind or terminate all or part of the relevant contract, if the other party to the contract falls under any of the following subparagraphs, in accordance with Article 37(2) of the Enforcement Decree of the Act, as stipulated in Article 50 of the Enforcement Decree of the said Act by the date the contract is concluded:

Provided, That in cases falling under subparagraph 3, the contract shall be maintained when the other party to the contract additionally pays the contract bond equivalent to the portion for which the contract execution has not been completed, where it is deemed possible to perform the contract and

2. The relevant services are not completed or are likely to be completed by the deadline due to any cause attributable to the other party to the contract;

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