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(영문) 서울중앙지방법원 2017.04.04 2015가단25424

구상금

Text

1. The Plaintiff:

A. The Defendants are jointly and severally and severally 383,841,350 won and the aforementioned amount shall be from January 8, 2015 to February 27, 2015.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff’s assistant intervenor entered into a construction contract with the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) on October 7, 2011

2) On March 21, 2012, Defendant A Co., Ltd. (hereinafter “Defendant Company”) was awarded a contract for the construction of D apartment at three times from the third party.

(3) As to the construction cost of the machinery and fire-fighting equipment during the foregoing construction work, the respective subcontracting is made between March 21, 2012 and April 7, 2014 (hereinafter “instant subcontracting construction contract”) with the construction cost of KRW 3,838,413,504.

(2) On February 8, 2013, the Plaintiff’s Intervenor entered into a subcontract with the Defendant Company for the installation work cost of KRW 407,00,000 and the construction period from February 8, 2013 to March 30, 2014, respectively (hereinafter “instant astronomical Construction Contract”).

3) Of the terms and conditions of the instant subcontracting contract and the instant subcontracting contract for construction works, which are a part of the said contract, the parts relating to the instant case are as follows. [Article 21 of the terms and conditions of the instant subcontracting contract and the subcontracted construction works for the Incheon Construction Project, where the Defendant Company falls under any of the following subparagraphs, the Plaintiff Intervenor may rescind or terminate the relevant contract in whole or in part, with a reasonable time limit set and notified the Defendant Company to perform the contract, and where the highest cause is not resolved

2. Where it is deemed impossible to complete the construction within the completion date due to any cause attributable to the defendant company, such as failure to complete the construction by the due date or failure to complete the construction by the due date for completion, bankruptcy, revocation of license, suspension of business, application for reorganization procedures of the company, compulsory execution by a third party, transfer or takeover of the company, etc.

B. The Plaintiff entered into an insurance contract for performance guarantee with the Defendant Company as well as the Samyang Construction Corporation.