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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked:
Reasons
1. Basic facts
A. 1) The Plaintiff is a corporation whose purpose is interior decoration business, design business, design business, and furniture business, and the Defendant sells bags and other leather products with the trade name of “C” and the brand name of “E”. Around September 1, 2016, the Plaintiff (contractor) entered into a contract for construction work (hereinafter “instant contract”) with the Defendant (contractor; hereinafter “instant construction work”). The main content of the contract is as follows.
The name of construction: The construction work site for the remodeling project for the first floor underground of the Jung-gu Seoul Metropolitan Government: the contract amount from September 1, 2016 to March 7, 2017: the down payment of KRW 145,200,000: the down payment of KRW 33,000: the down payment of KRW 33,000 on September 30, 2016 - the remainder of KRW 35,200,000 on the intermediate payment of KRW 77,000 on September 30, 2016 - the warranty bond of KRW 35,20,000 on the remainder payment of KRW 7 days after completion: The warranty bond for the performance of defects equivalent to 5% of the total contract amount, “B” (Plaintiff) shall be paid to “A” (Defendant) for the number of delayed days.
Provided, That this shall not apply when consultation with the owner of a building or the management office has occurred due to a natural disaster or other force majeure.
B. (1) The Plaintiff completed the instant construction and received KRW 33,00,000 as the down payment around September 30, 2016 from the Defendant, and KRW 77,00,00 as the intermediate payment around February through March 3, 2017, respectively. (2) HFF issued a warranty bond in relation to the instant construction on March 20, 2017, and the main contents thereof are as follows.
Guarantee amount: Contract name of KRW 7,260,000, contract amount: 145,200,000: The contract date of the remodeling project for the first floor underground of the E-registered store: September 1, 2016, and the contract execution date: March 7, 2017: the contractor from March 8, 2017 to March 7, 2019: