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(영문) 서울중앙지방법원 2016.09.01 2015가합13992
보증금
Text

1. Defendant B Co., Ltd. shall pay KRW 96,900,000 to the Plaintiff as well as its annual interest from June 20, 2015 to September 1, 2016.

Reasons

1. Basic facts

A. (1) The Plaintiff is Defendant B Co., Ltd. (hereinafter “Defendant B”) on August 28, 2014.

2) As between Defendant B and the Plaintiff, the earth construction and file construction work among the C Apartment Construction Work (hereinafter “instant construction work”).

320 million won, period of construction from September 2014 to March 2015, 2015, contract deposit shall be 10% (323 billion won) of the contract amount, and liquidated damages rate shall be 1/100 of the contract amount per day without delay (hereinafter referred to as “instant first subcontract”).

(2) Of the general terms of the first subcontract of this case (hereinafter “instant general terms”), there was no provision regarding advance payment, and the term portion was agreed to be paid in cash once a month, the date of receipt of the object or the date of issuance of the tax invoice. (2) Of the general terms of the first subcontract of this case (hereinafter “instant general terms”), the main contents relevant to this case are as follows.

Article 7 (Execution of Contracts and Guarantee for Payment of Contract Price) (1) The principal contractor (hereinafter referred to as "A") and the subcontractor (hereinafter referred to as "B") shall mutually guarantee the execution of contracts and the payment of contract price in any of the following methods:

Provided, That where payment guarantee of subcontract consideration is exempted pursuant to the Framework Act on the Construction Industry or the Fair Transactions in Subcontracting Act, a guarantee may not be granted between them.

1. A performance guarantee of an amount equivalent to 10% of the contract amount to Party A;

2. A shall guarantee for the payment of construction price in an amount falling under any of the following items to B:

(a) Where the construction period is not more than four months, the amount obtained by subtracting any advance payment under the contract from the contract amount;

(b) Where the construction period exceeds four months and the cycle of paying progress payment is less than two months, the amount obtained by multiplying the total construction period by four months;

(c) Payment for completed portion in a case where the construction period exceeds four months;

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