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(영문) 수원지방법원 성남지원 2017.04.28 2015가합204751
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company engaged in the manufacture and design of marine equipment, the development, manufacture, and sale of power generation facilities, and the Defendant is a government-invested institution established with the aim of promoting friendly cooperation and mutual exchanges between the Republic of Korea and developing countries.

B. Article 1 of the General Terms and Conditions of the International Construction Contract (hereinafter “General Terms and Conditions”), such as the conclusion of a service contract

9. Construction period means “B” to “B,” and “A” to “Defendant.”

In accordance with this Agreement, the period for which Eul is obligated to submit a request for a completion inspection to Gap as it actually performs its obligations shall be as set out in the cover of this Agreement.

10. The term "vis major" means the occurrence of a situation, such as typhoon, flood, or other bad weather, war or incident, earthquake, fire, infectious disease, riot, or any other situation beyond the control of the parties to a contract (hereinafter referred to as "vis major cause"), which does not belong to any of the parties to a contract;

Article 6 (Contract Guarantee, Warranty Bond, etc.) (1) Article 6 (Contract Guarantee, Warranty Bond, etc.) ① 20/100 of the contract amount of Party A as contract warranty bond, and 3/100 of the contract amount as warranty bond, shall be paid in a manner consistent with the details and form as

Article 7 (Refund and Reversion of Contract Deposit) (1) When B fails to perform the contractual obligations without any justifiable reason, A may revert the contract deposit and cancel or terminate the contract concerned.

Article 27 (Compensation for Delay) (1) If a construction work has not been completed within the construction period (referring to the time when an application for the completion inspection has been completed to A pursuant to Article 29; hereinafter the same shall apply), B shall pay in cash the amount calculated by multiplying the contract price by the rate for the penalty for delay stipulated in the contract for each number of days without delay (hereinafter referred to

(6) A shall be with non-performance of obligation of B.

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