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(영문) 수원지방법원성남지원 2020.05.15 2019가합409387
보험금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 17, 2017, the Plaintiff entered into a construction contract with C Co., Ltd. (hereinafter referred to as “C”) on May 17, 2017 (hereinafter referred to as “instant construction contract”) under which the construction of a multi-household housing (hereinafter referred to as “instant building”) was entrusted with the said construction (hereinafter referred to as “instant construction”) and the total construction cost of KRW 1.53 billion, contract deposit amount of KRW 229 million, contract deposit of KRW 29.5 million, the scheduled commencement date, May 25, 2017, and November 25, 2017 (hereinafter referred to as “instant contract”).

The main contents are as follows:

Standard contract for private construction works

8. Compensation for delay: 0.01 (0.1%) shall be paid each day if more than six months have elapsed from the commencement to the construction after completion.

[General Conditions] Article 4 (Contract Bond, etc.) (1) C shall pay the contract bond stipulated in the contract in cash, etc. to the Plaintiff before the conclusion of the contract to guarantee the performance of the contract.

(2) A contract bond under paragraph (1) may be paid by a letter of guarantee issued by the following institutions:

1. Where a contract is terminated or terminated due to the reasons provided for in the subparagraphs of Article 5 (1) (1) of the letter of guarantee issued by each mutual-aid association under Article 54 (1) of the Framework Act on the Construction Industry, the contract bond paid under Article 4 shall revert to the plaintiff;

Article 34 (Cancellation, etc. of Contracts by Plaintiff) (1) In cases falling under any of the following subparagraphs, the Plaintiff may cancel or terminate all or part of the contract:

1. Where it is evident that there is no possibility to complete the construction before the completion date due to the C responsible causes;

4. Other cases where it is deemed impossible to achieve the purpose of the contract due to the violation of the terms and conditions of the contract.

Special conditions of the construction contract-general.

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