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(영문) 춘천지방법원영월지원 2016.10.20 2015가합2487
약정금
Text

1. The Defendant Global Music Park Co., Ltd.: (a) KRW 130,000,000 for the Plaintiff and its related thereto, from November 1, 2015 to October 1, 2016.

Reasons

1. Basic facts

A. On February 7, 2015, the Plaintiff concluded a construction contract with regard to the construction work of the World Music Park Co., Ltd. (hereinafter “Defendant Music Park”) and the construction work of the World Music Park (the first; hereinafter “instant construction work”) around 16, 199, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul Special Metropolitan City, for the construction period from February 16, 2015 to June 30, 2015; and the contract amount of KRW 3.7 billion. The said construction contract included a special agreement that the Plaintiff would issue a guarantee for the guarantee for the guarantee for the guarantee for the guarantee of the deposit of the deposit for forest restoration expenses under the Mountainous Districts Management Act from the Construction Financial Cooperative

B. On April 16, 2015, the Plaintiff and the Defendants entered into a modified contract to add Defendant MM development Co., Ltd. (hereinafter “Defendant MM development”) to Defendant MMM as a joint and several surety of Defendant World Music Park.

(hereinafter referred to as “instant construction contract” in total, of the contracts dated February 7, 2015 and April 16, 2015.

According to the instant construction contract, the Plaintiff entered into a guarantee agreement with the construction mutual aid association and the Defendant Global Music Park under the Mountainous Districts Management Act for the obligation to pay deposits for recovery expenses, which are to be borne by the Si/Gu, in accordance with the permission, etc. for the conversion of the mountainous district for the instant construction project, and submitted a guarantee certificate for payment from February 17, 2015 to February 29, 2016, which is the guarantee certificate from February 17, 2015 to February 29, 2016, and the guarantee certificate for payment from February 23, 2015 to April 23, 2015, respectively (hereinafter referred to as “each of the instant guarantee certificates”), and from April 23, 2015 to February 29, 2016 (hereinafter referred to as “each of the instant guarantee certificates”).

On July 21, 2015, the Plaintiff and the Defendant Music Park drafted an agreement with the following contents while terminating the instant construction work:

(hereinafter “instant agreement”). 2. The Plaintiff’s guarantee of forest recovery expenses necessary for the instant project shall be maintained until the expiration of the period of validity ( December 31, 2015).

3. The defendant World Music Park shall pay all the skills and materials that occurred at the site.

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