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(영문) 대전지방법원 2019.08.21 2016가합100410

보험금

Text

1. The Defendant’s KRW 455,175,040 for the Plaintiff and KRW 6% per annum from February 18, 2016 to August 21, 2019.

Reasons

1. Basic facts

A. On May 27, 2014, the Plaintiff and C Co., Ltd. (hereinafter “C”) concluded a construction contract for the construction work between the Plaintiff and C Co., Ltd. (i) the conclusion and termination of the construction contract; and (ii) discontinuance, etc. of the instant construction work due to road erosion; and (iii) the construction contract for the construction work of Sejong Special Self-Governing City (hereinafter “new building”).

(hereinafter “instant construction contract”). The main contents of the instant construction contract are as follows: (a) the construction project undertaken therefrom; and (b) the construction project undertaken therefrom.

[Standard Contract Terms for Private Construction Works] Commencement Date: The contract price on March 21, 2016 (660 days from the commencement date): 22,758,752,000 won: 20,64,664,320,000 value-added tax: Waste disposal expenses of KRW 2,064,432,000: 50,000 contract deposit for KRW 2,275,875,200: 3% penalty for delay payment for each type of work according to the progress rate: 1/1,00 [General Conditions for Standard Contract for Private Construction Works (hereinafter “General Conditions for Contract for Construction Works in this case”): 2,275,875,200 won: 2,00 won: 3% penalty for delay payment for each type of work: 1/1,000

[) Article 4 (C; hereinafter the same shall apply) (1) "B" (referring to C; hereinafter the same shall apply) shall pay the contract bond set forth in the contract to "A (referring to the plaintiff; hereinafter the same shall apply) in cash, etc. before the conclusion of the contract to guarantee the performance

(2) A contract bond under paragraph (1) may be paid by a letter of guarantee issued by the following institutions:

1. Where a contract is terminated or terminated due to the reasons provided for in the subparagraphs of Article 5 (Disposition of Contract Bond) (1) of the letter of guarantee issued by each mutual-aid association under Article 54 (1) of the Framework Act on the Construction Industry, the contract bond paid under Article 4 shall revert to A;

In such cases, if the amount of compensation for damage following the cancellation or termination of a contract exceeds the contract deposit, it may be claimed as damages for the excess amount.

Article 31 (Cancellation, etc. of Contracts A) (1) "A" shall be as follows: