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(영문) 서울중앙지방법원 2015.01.30 2013가단265068
채무부존재확인
Text

1. There is no liability for the payment of insurance money based on the two insurance contracts listed in the attached list against the plaintiff to the defendant.

Reasons

1. Facts of recognition;

A. On August 25, 2011, the Plaintiff’s Intervenor and the Defendant entered into a contract for construction work (hereinafter “instant contract”) with the Defendant, the contractor, as the Plaintiff’s Intervenor, and the Plaintiff’s Intervenor as the Plaintiff’s Intervenor as the Plaintiff’s Intervenor. As to the instant construction work, Samju-dong 442-1 (hereinafter “instant construction work”), as to August 26, 2011 for which the construction period began, August 26, 2011; completion of construction; amounting to KRW 363 million (including value-added tax); amounting to KRW 363 million (including value-added tax); advance payment; amounting to KRW 363 million; contract deposit; and amounting to KRW 363 million (hereinafter “instant contract”). The main contents are as follows.

Article 8 (Cancellation of Contracts and Compensation for Damages) 2) Where this Agreement is terminated in the middle of the contract as the obligation of the Plaintiff’s Intervenor, or where the Plaintiff’s Intervenor renounces the present construction even, or where the Plaintiff’s Intervenor’s Intervenor fails to complete the present construction by 100%, the contract performance bond shall belong to the Defendant, regardless of any reason, to the Defendant. 3) Where the Plaintiff’s Intervenor renounces the present construction even before the waiver or the completion of 100% before the completion of the present construction and the contract is terminated, the defect bond (10%) shall be deducted from the total construction price,

In the future, the defendant reconstruction and settlement after the expiration of the defect period shall be returned to the supplementary intervenor.

Special Conditions - 36,300,000 won shall be paid immediately after the contract is concluded.

-The intermediate payment of KRW 145,200,000 shall be paid in bills with the maturity of two months;

- The balance of KRW 181.5 million will be paid upon completion of the completed work after obtaining approval for use.

- 내역서에 포함되어 있지 �은 전기공사, 소방설비공사도 계약공사금액 내에서 포함하여 시공한다.

B. The main content of the Plaintiff’s supplementary intervenor is to compensate the Defendant for the contract bond to be forfeited or forfeited due to the Plaintiff, the guarantee insurance company, and the Plaintiff’s supplementary intervenor’s failure to perform the obligations stipulated in the instant contract.

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