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Reasons
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(영문) 광주지방법원 2017.07.13 2015가합54310
계약보증금 청구의소
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1. The Defendant: (a) KRW 472,310,000 for the Plaintiff and KRW 20% per annum from April 28, 2015 to September 30, 2015; and (b) the Plaintiff.

Reasons

1. Basic facts

A. The rehabilitation company A Co., Ltd. (hereinafter “A”) was awarded a contract for the construction of a new D-based complex building (hereinafter “instant building”) at Sungnam-si, Sungnam-si, Inc. (hereinafter “NS shopping”).

B. On August 1, 2013, E Co., Ltd. (hereinafter “E”) signed an electronic signature on a subcontract agreement (hereinafter referred to as “instant subcontract agreement”) stipulating that “the instant subcontracted construction works shall be executed on July 5, 2013; the completion of construction; the contract amount of KRW 4,723,10,000; the contract deposit of KRW 472,310,000; and the contract deposit of KRW 472,310,00; and July 5, 2013.”

The main contents of the instant subcontract are as follows, and there is no separate provision that sets the contract deposit amount as penalty for breach of contract, penalty for breach of contract, or amount of damages.

[This case subcontract] Article 7 (Execution of Contract and Guarantee for Payment of Contract Price) 6 Where A cancels or terminates all or part of the contract under Article 25 (1) due to the failure of E to perform its contractual obligations, A may claim for payment of the amount equivalent to the amount of loss caused by the cancellation or termination of the contract for the deposit under paragraph 3 (1) 1.

(Short omitted) Article 25 (Cancellation and Termination of Contracts) (1) A or E may cancel or terminate all or part of the contract in question, if the contract falls under any of the following subparagraphs and the contract is not performed within the said period after demanding it to perform the contract in writing with a reasonable period fixed:

1. Where it is deemed that A or E is unable to achieve the purpose of the contract in violation of the terms of the contract (special conditions of facility construction contract) Article 10 of the Act, the Corporation shall directly perform the construction and re-subcontract to any third party other than E;

C. E pertaining to the subcontracted work of this case from the Defendant on August 30, 2013.

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