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(영문) 서울중앙지방법원 2017.05.23 2016가단45210
구상금
Text

1. The Plaintiff:

A. As to Defendant A, B, C, and D’s joint and several KRW 478,826,317 and KRW 456,865,513 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff’s assistant intervenor entered into a construction contract 1) contracted G construction from the Korea Rail Network Authority, and Defendant A Co., Ltd. (hereinafter “Defendant A”) on November 25, 2013.

(2) Each subcontract for construction work (hereinafter “instant first construction contract”) between November 25, 2013 and September 30, 2017, with the construction cost of KRW 20,339,935,00 and the construction period of KRW 20,339,935,00, and the construction period of the said construction work.

(2) On April 20, 2014, the Plaintiff’s Intervenor entered into a subcontract (hereinafter “instant second construction contract”) with Defendant A for each of the period from April 20, 2014 to March 31, 2017, with the construction cost of KRW 27,162,832,40, and construction period of the said construction work.

3) Of the terms and conditions of the instant contract for construction works, the parts related to the instant case are as follows. [The terms and conditions of the instant contract for construction works] ① Article 25 (Cancellation and Termination of the instant contract for construction works) (1) in any of the following cases, the Plaintiff’s Intervenor or the Defendant A may rescind or terminate the relevant contract in whole or in part, if the contract is not performed within the said period after demanding the Plaintiff to perform the contract in writing, fixing a reasonable period, and notifying the Plaintiff’s Intervenor or the Defendant A of the performance of the contract within the said period.

2. Where it is deemed difficult to perform the normal execution of compulsory execution, such as seizure, provisional seizure, provisional disposition, auction, etc.

B. The Plaintiff entered into a performance guarantee insurance contract.

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