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(영문) 서울중앙지방법원 2017.06.07 2016가합27493

약정금

Text

1. The defendant shall pay 300,000,000 won to the plaintiff and 15% per annum from August 25, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On August 10, 2012, Non-party General Construction Co., Ltd., Seongdong-gu Construction Co., Ltd., Seongdong-gu Construction Co., Ltd., (hereinafter both referred to as “Co., Ltd.”) omitted entry, and combinedly, “non-party Co., Ltd.,” constituted a joint supply and demand organization with the method of joint performance, and was awarded a contract on August 10, 2015, with the amount of KRW 24,834,394,000 as total additional construction cost, and the construction cost of sewage conduits classified as the treatment-required area (hereinafter “instant total construction cost”) as of August 17, 2012, and the date of the commencement of the construction.

B. On February 3, 2014, the Plaintiff received a subcontract with the Defendant for construction amount of construction amount of 4,452,80,000 construction amount for the instant total construction works, which falls under the Section C, which is the part of the instant construction works, from the Sungk Construction and the Section C, among the instant total construction works, as the commencement date, on March 3, 2014, and on April 3, 2015, and on March 3, 2014, from the Non-Party Company, the contract amount of construction amount of 1,277,02,10 for the part of the D sections, E sections, and C sections among the instant total construction works, was determined and subcontracted as the commencement date, March 3, 2014, and December 23, 2014.

(hereinafter referred to as the "each of the instant subcontracts" in combination with the above two subcontractings, and the said two subcontracted works together are referred to as the "instant subcontracted works" (hereinafter referred to as "instant subcontracted works").

On July 7, 2014, the Defendant, as a person responsible for each of the subcontracted projects in this case, prepared a cash storage certificate (hereinafter “instant custody certificate”) with the following contents in preparation for losses to the Plaintiff due to each of the subcontracted projects in this case.

The amount of cash custody certificate: 300 million won: The reason for the custody of the defendant: The requester for the custody of the agreed amount of damages: the plaintiff

1. The custodian shall deliver a certificate after signing and sealing to receive and confirm the above amount from the Plaintiff.

2. The return of cash shall be made until December 15, 2014, and shall be returned together with the interest of 15% per annum.

July 7, 2014, the Defendant’s signature

D. Meanwhile, each of the subcontracted projects in this case by the Plaintiff.