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(영문) 부산지방법원 서부지원 2018.06.07 2018가합100545

해약금

Text

1. The Defendant shall pay to the Plaintiff KRW 264,00,000 and the interest rate of KRW 15% per annum from February 24, 2018 to the date of full payment.

Reasons

1. In full view of the overall purport of Gap evidence Nos. 3 through 6 (including virtual numbers) as to the cause of the claim, the plaintiff was subcontracted to the defendant on July 25, 2016 for telecommunications construction costs of KRW 1,320,00,00 (including value-added tax) (hereinafter "the subcontract of this case") among the construction works for construction of a new main complex building on the ground of 980-1, Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter "the subcontract of this case"), and the special article No. 2 of the subcontract of this case provides that "the defendant shall compensate the plaintiff in cash for 20% of the contract amount if he violates the contract terms and conditions," and Paragraph 5 of this case provides that "the plaintiff shall suspend the construction work where it is impossible for the plaintiff to carry out the subcontract of this case without sufficient proof to the plaintiff's.

According to the above facts of recognition, the above telecommunications Corporation was unable to normally proceed due to the defendant's fault, and the subcontract of this case was terminated upon the plaintiff's notice of termination of contract.