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(영문) 제주지방법원 2018.07.26 2017가합1017
손해배상(기)
Text

1. The Defendant’s KRW 258,50,000 as well as the Plaintiff’s annual rate of 5% from June 1, 2017 to July 26, 2018, and the following.

Reasons

1. Facts of recognition;

A. The pertinent Plaintiff is a company that operates the “Driart” located in Jeju City, and the Defendant is a company that provides integrated solutions related to large-scale development projects, such as urban planning, various impact assessment, construction, consulting, etc.

B. On February 19, 2014, the Plaintiff entered into a service contract with the Plaintiff and the Defendant, and paid advance payment 1) The Plaintiff is a service contract with the Defendant for the preparation of authorized books, such as the change of approval for the implementation of the Driet Development Project (hereinafter “the first service contract”).

(A) 2 services contracts for the preparation of authorized books, such as approval for the implementation of development projects, (hereinafter referred to as “2 services contracts”);

(2) Each contract was concluded. (2) The content of the first service contract is to separate the existing E golf course business and accommodation site from the business area, to create a new “retail condominium business” by aggregating the existing accommodation site and the additionally incorporated site, and the major contents of the contract are as follows:

Article 4 (Commencement of Technical Services and Contract Period) (2) The contract period shall be seven months from the date when the basic construction plan is determined.

Article 8 (Fixing of Service Costs and Amount) ① (1) After entering into a contract for the total service costs, the Defendant shall submit performance bond of 30% 105,000,000,000 for each five-month bill to the extent of 10 days after the notice of the result of the meeting of the Intermediate Payment Planning Committee within 30% within 10 days after the notice of the result of the meeting of the Intermediate Payment Committee for the Three-month period, and 40% within 140,000,000 for the total of 140,000% within 350,000,000,000 (Submission of Contract Guarantee Insurance and Advance Payment Guarantee Insurance) (1) The Defendant shall submit performance bond for the performance of the contract for the total service costs equivalent to 20% of the total service costs of the domestic guarantee insurance company and the performance guarantee insurance policy corresponding to the advance payment amount within seven days from the date of entering into a contract.

Article 14 (Compensation for Delay) (2) The defendant shall be liable for delay every one month when he/she fails to perform the service within seven months from the date of concluding the contract.

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