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(영문) 서울중앙지방법원 2013.09.25 2012가합32800
보험금
Text

1. Defendant Specialized Construction Mutual Aid Association (hereinafter “Defendant Specialized Construction Mutual Aid Association”) shall be 190,709,262 won, and Plaintiff Specialized Construction Mutual Aid Association (hereinafter “Plaintiff Specialized Construction Mutual Aid

Reasons

1. Basic facts

A. With respect to the Newly-built Construction Co., Ltd., Ltd., a joint supply and demand company (hereinafter “Plaintiff Ilsung”), a joint supply and demand company (hereinafter “Plaintiff Ilsung”) with an order of the Republic of Korea (Ministry of Justice), which entered into a subcontract construction contract between the Plaintiffs and A, is 38% of the equity shares of the Plaintiff Ilsung Construction Co., Ltd., Ltd., a joint supply and demand company (hereinafter “Plaintiff Ilsung”), and 25% of the equity shares of Plaintiff Han Jjin Construction Co., Ltd., Ltd. (hereinafter “Plaintiff Daejin”), respectively.

[2] On December 17, 2010, the plaintiffs selected the date of joint contractors exercising all matters related to the operation of joint contractors, such as the conclusion of the contract, and then entered into a joint contract with the Republic of Korea (Ministry of Justice) for the said new construction work. (2) On December 17, 2010, the plaintiffs entered into a contract with A Co., Ltd. (hereinafter "A") for the said new construction work with the plaintiffs for the total construction cost of KRW 3,757,930,00, and the date of completion as of October 9, 2013, the first construction work (hereinafter "the instant primary construction work") shall be determined as of October 9, 203, and the first construction work (hereinafter "the instant first construction work") shall be defined as the construction work period of KRW 3,757,930,00 among the above new construction works contracted by the plaintiffs.

3) Of the contents of the instant construction contract, the contents related to the instant case are as follows.

6. Payment of the price;

(a) Advance payment: 50% of the first contract amount; and

9. Contract performance guarantee: 10% of the penalty for delay: 0.1% [General Conditions in Subcontracts] Article 7 (Contract Execution and Payment Guarantee) and Section (A) shall be any of the following methods:

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