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(영문) 서울중앙지방법원 2019.10.01 2017가단26285

구상금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant B (hereinafter “Defendant Company”) is a private business chain G and H, etc. established on November 27, 2014 by forming a consortium for the purpose of wholesale and retail business and manufacturing business of households, etc.

I is a corporation incorporated on February 27, 2012 for the purpose of indoor building business, architectural design business, etc.

(At the time, the trade name was changed as above on April 7, 2016 (hereinafter “I”). B.

On December 4, 2014, the Defendant Company entered into a subcontract (hereinafter “First subcontract”) with respect to the supply and construction of the main household among the remodeling works of the Jongno-gu Seoul Metropolitan L Hotel, which is ordered by K Co., Ltd. (hereinafter “renovation works”).

The main contents of the first subcontract are as follows:

① Contract price: 266,530,000 won: (2) Period of construction: From December 4, 2014 to April 30, 2016, the terms and conditions for supply and payment: The defendant company paid insurance proceeds to the insured in seven installments from the main household to the site of remodeling works; and I paid 30% of the down payment at the time of each installment contract; the defendant company shall pay the remainder within the fiveth day of the following month after the completion of delivery to the insured on December 4, 2014; (3) the insured period from December 4, 2014 to April 3, 2016; (4) the payment rate of KRW 26,653,00 (10% of the deposit amount); (5) the payment period shall be 10% per annum from the following day to April 3, 2016; and (5) the payment period shall be 30% per annum from the following day to the date of annual repayment to the date of 160% per annum.

Defendant.