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(영문) 서울남부지방법원 2015.09.10 2015나552

청구이의

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff (appointed)'s claim is dismissed.

3. The total cost of the lawsuit.

Reasons

1. Facts of recognition;

A. On May 16, 201, the Plaintiff (designated parties; hereinafter “Plaintiffs”) who had the head office in Ulsan Metropolitan City and engage in civil engineering works, construction works, etc. (only hereinafter “the Plaintiff”) entered into a contract for construction works for the project for the project for the project for the new construction of the project at the Hapy Credit Cooperative B (hereinafter “Hapy Credit Cooperative”) with the Ulsan Metropolitan City. The details of the contract are as follows:

(hereinafter referred to as the “instant prime contract”). The zero contract amount; 80 million won; the place of o; the date of the commencement of Ulsan-gu Seoul-gu Dao; the date of completion on May 16, 201; the date of completion on October 15, 201; the rate of liquidated damages for delay on October 15, 201; and 0.3% of the daily contract amount per delay.

B. On July 25, 201, the Defendant concluded a contract with the Plaintiff for the manufacture and installation of elevator in the house located in the Happiness branch B of the Happiness Happiness Co., Ltd., and the detailed contents thereof are as follows (hereinafter “the subcontract contract of this case”), and there was no agreement for liquidated damages under the subcontract of this case.

o Subject matter; 15 passengers' 15 passengers' o total price for 3,168,00 won (including value-added tax, 9,504,000 won at the time of the contract, 19,008,000 won at the time of carrying out materials, and 3,168,000 won at the time of issuing the certificate of inspection; 25,01. 3, 168,000 won at the time of issuing the certificate of inspection; 3,168,00 won at September 25, 201; 2. 3. 3. Do Force Majeure, etc.; 3. . . . . . . . . is not liable for non-performance of this contract due to any cause not controlled like war, riot, labor dispute resolution, government regulation, and other natural disasters (Article 6(1) . . 1). The extension of the payment period for o's automatic payment;

The Plaintiff did not pay the Defendant the down payment of KRW 9,504,00 on the date of the instant subcontract contract = KRW 28,512,00 in total of the down payment and intermediate payment on September 8, 201 = 9,504.