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(영문) 서울중앙지방법원 2017.10.17 2015가단5293222

구상금

Text

1. The Plaintiff:

A. Defendant A and B jointly and severally share KRW 1,653,391,254 and the aforementioned amount from June 5, 2015. < Amended by Act No. 13302, Jun. 5, 2015>

Reasons

1. Facts of recognition;

A. 1) Defendant A Co., Ltd. (hereinafter “Defendant A”)

) The Plaintiff’s Intervenor’s Intervenor information and communications company (hereinafter “Plaintiff’s 1 Intervenor”).

(1) The contract is entered in the table No. 1 below (hereinafter referred to as “the first contract”).

The contract bond was concluded, and the contract bond was set at 20% of the contract amount. According to the special terms and conditions of the above contract, where Defendant A claims advance payment to the Plaintiff’s Intervenor, the Plaintiff’s Intervenor 1 may pay advance payment as prescribed by the Presidential Decree. When the above contract was terminated after advance payment, Defendant A shall promptly return advance payment upon the Plaintiff’s claim (Article 6(1) and (6)1). When the grounds for attribution of the contract bond arose, Defendant A shall immediately return the advance payment to the Plaintiff’s Intervenor (Article 18), and Defendant A shall refund the advance payment to the Plaintiff’s Intervenor if the above contract was terminated (Article 44-4(1)2). Defendant A entered into a contract agreement, as indicated in the table No. 2 (hereinafter “the contract bond”) with the Plaintiff’s Intervenor’s Intervenor Korea Nuclear Power Co., Ltd. (hereinafter “Plaintiff’s Intervenor 2”). Defendant 1 and the contract bond was set at KRW 1986,86,86.86.

According to the above contract, the plaintiff 2's assistant intervenor is anticipated to be unable to complete the service even after the extension of the period for performance of the above contract, or there is no possibility to deliver the contract within the delivery date due to the reasons attributable to the defendant A, or the contract may be terminated when the defendant A may substantially violate the contractual obligations and endanger the performance of the contract (Article 1.21 (1) 1, 3, and 5). When the defendant A fails to perform its obligations under the second contract without good cause, the contract bond belongs to the plaintiff 2 assistant intervenor (Article 1.22 (5)).