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(영문) 광주지방법원순천지원 2016.11.16 2016가단756
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts are, without dispute between the parties, acknowledged by Gap as a whole by reference to each description of evidence of 1 to 4, evidence of 1 to 18, evidence of 1 to 13, and evidence of 1 to 13 (including evidence of 2 to 13).

A. Conclusion of the subcontract 1) The Intervenor joining the Plaintiff (hereinafter “ Intervenor joining the Plaintiff”)

on July 12, 2013, the Corporation (hereinafter referred to as the “instant construction”) among the Construction and Removal of Factories contracted by Geumho T&P Co., Ltd. (the name of the Corporation: KPA (IV) PRJEC) and the Construction (hereinafter referred to as “instant Construction”).

corporation A (hereinafter referred to as “A”)

(3) As to the construction price of KRW 5,764,00,000, the construction period from July 12, 2013 to March 31, 2015, the construction price of KRW 10% is determined and subcontracted (hereinafter “instant subcontract”).

2) Of the general terms and conditions of the construction contract related to the instant construction project, the contents of the part related to the Plaintiff’s claim are as follows.

Article 3 (Deposit for Contract) (1) B (referring to "A"; hereinafter the same shall apply), except as otherwise provided, shall pay or submit to A (referring to an intervenor; hereinafter the same shall apply), in cash or by a letter of guarantee or security listed in the following:

1. Where a guarantee insurance company or a guarantee agency equivalent thereto issues A as the insured, and a letter of guarantee or securities under a special contract for the fixed amount compensation of at least the guaranteed amount, which is provided for in Article 4 (Disposition of Contract Bond) (1) fails to perform any of its contractual obligations, the contract bond shall revert to A;

Article 8 (Advance Payment) (3) No advance payment shall be used for any purpose other than the purpose of a contract, and it shall be used preferentially for paying wages and securing materials.

(5) If it is impossible to use advance payment for any purpose other than the purpose of a contract, or to perform a contract due to force majeure, such as bankruptcy or labor dispute resolution, Eul shall immediately return the remainder of the advance payment to A in cash.

§ 32. Contracts.

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