회생채권조사확정재판에 대한 이의
1. The Seoul Central District Court shall authorize the final claim inspection judgment 2012 P.C. 1735 dated July 17, 2013.
2...
1. Basic facts
A. The status of the parties is a company that operates a construction project, etc. to carry out the trust of land and its fixtures and the construction project to carry out land trust, and is a company that constructs main apartment complexes in the same ducheon-si (hereinafter “instant construction project”). The defendant is a company that carries on housing construction supply, sale and construction business, etc., and that has concluded a contract for the instant construction project with the plaintiff.
B. On November 8, 2011, the Plaintiff entered into the instant construction contract with the Defendant and the instant construction work, with respect to KRW 27 months from the date of commencing the construction period, contract amounting to KRW 42.129 billion, and advance payment KRW 3.9 billion (hereinafter “instant construction contract”).
(A) The instant contract for construction works (Evidence 7.2) consists of the main text of the contract and the documents attached thereto, and design documents. The relevant provisions of the said contract for construction works (hereinafter “the instant contract for construction works”) are as follows.
(A) Under the terms and conditions of the above construction contract, “A” and “B” mean the Plaintiff, “B”, and “B” shall pay the contract deposit (including cashier’s checks issued by postal service offices or financial institutions subject to the Banking Act; hereinafter the same shall apply) specified in the contract prior to the conclusion of the contract to “A” in cash.
Provided, That the following certificates, etc. may be paid in lieu of cash:
3. A guaranty insurance policy issued by an insurance company under the Insurance Business Act (management of a contract deposit) (1) If “B” fails to perform any contractual obligation, or the contract is terminated or terminated in whole or in part pursuant to the provisions of Article 37, the contract bond shall be reverted to “A”.
In such cases, where the amount of damages following the cancellation or termination of a contract exceeds the contract deposit, it shall be claimed as compensation for the excess amount.