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(영문) 서울중앙지방법원 2018.11.16 2018가합533756

위약금 청구

Text

1. The Defendant: (a) KRW 136,874,220 for the Plaintiff and KRW 6% per annum from July 12, 2012 to November 16, 2018; and (b) for the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff, C Co., Ltd., D Co., Ltd., E Co., Ltd., F Co., Ltd., G Co., Ltd., and H Co., Ltd. shall set their share ratio as 40%, C Co., Ltd., 11%, D Co., Ltd., E Co., Ltd., Ltd., F Co., Ltd., Ltd., and H Co., Ltd., Ltd., as 10%

2) On November 23, 2011, the Plaintiff, the representative of the instant joint contractors, and the Plaintiff and the instant joint contractors, as described in paragraph 1 of the same Article, were awarded a contract for construction of J collective housing by the Corporation (hereinafter “instant construction”).

As to the construction cost, the subcontract agreement (including value-added tax) stipulated in 1,193,52,678 won for the construction period and from November 23, 201 to November 29, 201 for the construction period (hereinafter “instant contract”).

(3) The Plaintiff and the Defendant set the contract performance guarantee amount as KRW 119,352,267, which is 10% of the total construction cost, as stated in the terms and conditions of the construction contract and the special terms and conditions of the construction contract.

4) The Plaintiff paid 65,643,747 won as advance payment according to the Plaintiff’s share ratio among the total advance payment of the instant construction project (i.e., 60,930,188 value-added tax 4,713,559 won) to the Defendant. (ii) The termination of the instant contract and the payment of the construction cost, etc. (i) the Defendant delayed the progress of the instant construction project, following the delay in the progress of the instant construction project, the Plaintiff was going to engage in the settlement work by July 4, 2012 to the Defendant and terminate the contract when it was not performed.

'' sent an official letter to the contents.

2) On July 11, 2012, the Plaintiff sent to the Defendant an official document containing a statement of intent to terminate the instant contract on the grounds of the Defendant’s delay of work, etc., and the said official document reached the Defendant on the same day. 3) After which, the Defendant suspended the instant construction, and the instant joint supply and demand company discontinued the instant construction.