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(영문) 의정부지방법원 2019.08.22 2018나212895
보증금반환
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. Facts of recognition;

A. On June 30, 2014, the Plaintiff entered into a contract with the Defendant for the extension of the “E Medical Center” building (hereinafter “instant building”) located in D (hereinafter “instant building”) (the main contents are as follows) and carried out the construction, and on May 7, 2015, the Plaintiff’s outer finishing of the instant construction work on the ground that “739,200,000 won (including value added tax), the scheduled date of completion of the construction, June 7, 2015, 3% of the defect repair deposit rate, and two years of warranty liability” (hereinafter “the outer finishing of the instant construction work”). The outer finishing of the construction work on the ground that the outer finishing of the instant building is bricks and stone, and the damaged part of the bricks that were already constructed on the first floor shall be repaired and cycleed.

10. The total construction cost of this project shall be 650 million won (including value added tax, 715 billion won) and the scope of the project shall include the strata, 1, 2, 3 and other appurtenant work.

17. A contractor shall issue a contractor a letter of performance guarantee equivalent to 3% of the total construction cost after obtaining approval for use of a building (construction completion) to the contractor, and the contractor shall be responsible for completion.

18. Where a contractor is able to pay construction expenses with loans, etc. even before he/she issues a written performance guarantee for defects, he/she shall immediately pay construction expenses excluding a performance guarantee for defects equivalent to 3% of the total construction expenses to be paid.

The contents of the contract were added, modified.

B. On June 26, 2015, the Plaintiff completed the instant construction and obtained approval for the use of the instant building.

A contractor: The contractor of the work: the plaintiff

1. The remaining construction cost is 610,000,000 won, excluding the 120,000,000 won paid at the total construction cost of KRW 739,200,000,000,000.

2. The security deposit for repairing defects shall be made in cash and shall be deposited in full to the contractor immediately when the contractor issues the security for repairing defects;

3. The remaining amount of the construction works shall be withheld when any balance is paid, and shall be paid immediately to the contractor upon completion of the remaining construction works;

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