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Reasons
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(영문) 서울중앙지방법원 2016.10.27 2015가단201631
구상금
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1. The plaintiff

A. As regards Defendant A Co., Ltd, the amount of KRW 494,618,107 and KRW 363,000,000 among them, the amount of KRW 493,61 shall be from June 23, 2011.

Reasons

1. Basic facts

A. On February 10, 2010, Defendant A Co., Ltd. (hereinafter “Defendant A”) and Nam Mine Construction Co., Ltd. (hereinafter “Seoul Mine Construction”) concluded a contract for construction works with respect to the E plant extension works built on the ground of the D block in the Yellow Sea (hereinafter “instant contract for construction works”).

A contractor under the following order: The contract price for the defendant company, the South and North mining building joint contract: the ratio and amount: the defendant company (66.88%, 2,41,00,000 won), the defendant company (33.12%, 1,209,000,000 won): the 3,650,000,000 contract price: the date of commencement of 10% of the contract price: the date of completion of construction works on February 22, 2010: Article 4 (Contract Deposit) (1) of the General Conditions for the Contract for Construction Works on December 22, 2010 (Contract Deposit) shall be paid in cash, etc. to the "A" before the conclusion of the contract in order to guarantee the performance of the contract.

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

2. Where a contract is terminated or terminated on the grounds referred to in the subparagraphs of Article 31 (1) in a letter of guarantee issued by an equivalent institution, such as a guarantee insurance company and the Credit Guarantee Fund, the contract deposit paid pursuant to Article 4 shall revert to the "A";

In such cases, where the amount of compensation for damage following the cancellation or termination of a contract exceeds the contract deposit, it may be claimed as compensation for the excess amount.

Article 31 (Cancellation, etc. of Contract for A (Maternity) (1) "A (Maternity)," may cancel or terminate all or part of the contract in any of the following cases:

1. Where “B (Defendant Company, Southern Land)” fails to commence the construction even after the period of commencement agreed without any justifiable reason has elapsed;

2. The term "Defendant ...."

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