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(영문) 광주지방법원 2014.10.30 2013가합11692
손해배상(기)
Text

1. The Defendant’s KRW 174,350,000 for the Plaintiff and the following: 5% per annum from November 28, 2013 to October 30, 2014.

Reasons

1. Basic facts

A. (1) On March 5, 2013, the Plaintiff and the Jeonnam-do Office of Education ordered “the construction of new teachers in childbed” and changed the said construction to KRW 7,034,384,000 (the said construction was changed to KRW 7,172,450,000 on December 13, 2013), and the said construction was finally settled as KRW 6,937,019,00 after completion of construction on April 2014; the total construction period from March 7, 2013 to March 1, 2014 (from February 24, 2014). The change was made to “the construction period to April 1, 2014.”

(2) The Plaintiff subcontracted the part of the instant construction work of reinforced concrete (hereinafter “instant construction work”) to the Geumsung Construction Co., Ltd. (hereinafter “Sasung Construction Co., Ltd., Ltd., before and after the mutual change (hereinafter collectively referred to as “Sasung Construction”), and the Plaintiff and Geumsung Construction Co., Ltd. entered into a subcontract (hereinafter “instant subcontract”) with regard to the instant construction work on April 30, 2013, by setting the construction amount of KRW 1,743,500,000 (including value-added tax) and the construction period from April 30, 2013 to September 30, 2013 (hereinafter “instant subcontract”).

B. On May 24, 2013, the establishment of a contract guarantee contract between the Defendant and the guarantee creditor is the Plaintiff and the guarantee creditor from April 30, 2013 to September 30, 2013. In the event that the instant subcontract is terminated due to the nonperformance of construction, the contract was concluded between the Defendant and the Defendant for performance guarantee within the limit of KRW 174,350,000 (10% of the construction cost of the instant subcontract) to guarantee the payment of the damages owed to the Plaintiff by the gold Construction to the Plaintiff, and the said contract was issued and submitted to the Plaintiff.

C. (1) The Plaintiff and the Defendant’s additional contract guarantee, etc. are as follows: (a) the construction period of the instant construction among the terms of the instant subcontract on September 30, 2013 is from “from April 30, 2013 to September 30, 2013” to “from April 30, 2013 to November 30, 2013.”

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