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(영문) 서울서부지방법원 2015.06.19 2014가합4217

기지급 공사비대금

Text

1. The Plaintiff (Counterclaim Defendant) is the Defendant (Counterclaim Plaintiff, the appointed party), and the appointed party B, KRW 23,684,00 and the corresponding amount. < Amended by Act No. 12393, Apr. 2, 2014

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff entered into a subcontract on the instant construction project with the Defendant, etc. (the name of the business operator is designated B) who operates the interior company under the trade name of “C,” among the new construction works of LGGG-electronic TV, and the Plaintiff entered into a subcontract with the Defendant, etc. (the name of the business operator is designated B).

The main parts of the instant construction contract are extracted as follows.

(B) In the following, “A” and “B” refer to the Defendant, etc.:

1. (A) The name of the project: The contract amount of KRW 284,00,00 (value-added tax separate) from January 1, 2014 to February 23, 2014: The payment of the price for the construction project: One time a month, and the payment of the price for the construction project based on the A’s standards, depending on the circumstances of the A: 10% of the contract amount if the payment is made by the guarantee form, 5% (j) at the time of cash payment: 0.3% of the contract amount per each delay per day:

7. Where construction works are suspended due to the circumstances and books of the contract performance guarantee (b) or where the contract is terminated, the contract bond shall revert to A;

(C) At the time of the non-performance of this contract by Eul, the amount guaranteed shall, without any condition, belong to Gap in full to the penalty for breach of contract, and Eul confirms that the said amount does not raise any civil or criminal objection against it.

In addition, Eul should compensate for all damages that occurred to Gap separately.

9. Upon the occurrence of the reasons for the direct payment of the subcontract consideration under the legislation of B, the reasons for the failure to pay the subcontract consideration under the legislation of B, and the obligation to be directly subject to the attachment/provisional attachment of part of the progress payment, including wage creditors, shall be promptly submitted in writing to A, and A may pay the subcontract consideration directly to the extent practicable to the creditor.

(B) B shall, within 15 days from the date of receipt of the payment of wages from Gap to each individual of its labor personnel, provide for the payment of the wages.