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(영문) 서울중앙지방법원 2012.02.22 2011가합20770
계약보증금 등
Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) The Plaintiff Daewoo Construction Co., Ltd. (hereinafter “JF”) on November 1, 2005 as to the ground that it was filled-up.

3) Section 5 of the 6th sections of the 6th sections of the 6th sections of the 6th sections of the 5th sections of the 5th sections of the 5th sections of the 5th sections of the 5th sections of the

(i) 16.7 billion won (including value added tax; hereinafter the same shall apply) for the construction cost of 16.6 billion won;

(1) As to the construction period from November 1, 2005 to August 31, 2009, the construction contract was subcontracted (hereinafter “Plaintiff treatment Construction and Filling-up”) as the first subcontract of this case.

(2) On March 208, 2008, Plaintiff Treatment Construction and Filling-up changed the construction cost of the instant subcontract to KRW 16.48 billion on March 20, 2008; KRW 17.82,34.1 billion on January 30, 2009; KRW 19.16,2110,00 on January 8, 2010; and on August 7, 2009, the construction period was changed to April 30, 2013. The main contents of the instant subcontract are as follows: 10% of the contract amount: performance bond of the contract; 10% of the contract amount; 2.10% of the contract amount should be paid to the Plaintiff Construction; 17.2,34.1 billion won on January 30, 2009; and 2.5% or more of the contract amount may be changed to the Plaintiff Construction without any special terms or conditions attached to the contract; 2.5 months or more of the contract amount to be cancelled.

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