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(영문) 인천지방법원 2019.01.08 2017가합56888
계약해지무효확인 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The parties concerned are corporations with the purpose of electrical construction, electrical construction design business, electrical safety management agency business, etc., and the defendant is a corporation with the purpose of civil engineering, construction packing, electrical construction business, telecommunications construction business, etc.

B. On February 16, 2015, the Plaintiff and the Defendant E Co., Ltd. (hereinafter “E”) concluded the instant construction contract.

(2) On March 14, 2017, the Plaintiff entered into a contract agreement for construction works with respect to C as the contract amount of KRW 2,195,60,00,000, contract deposit of KRW 219,560,000, and KRW 219,560,000 on the date of completion. On February 25, 2015, the Plaintiff issued to the Defendant a contract guarantee for the issuance of the F Association’s guaranteed amount of KRW 219,560,00 on February 16, 2015. (2) On February 16, 2015, the Plaintiff entered into a contract for construction works with respect to D ordered by the Defendant and E, with the contract amount of KRW 798,60,00,00, contract deposit, KRW 79,860,000, and KRW 14, 2017

On March 2, 2015, the Plaintiff issued to the Defendant a contract guarantee of the issuance of G Cooperatives amounting to KRW 79,860,000.

3) On February 16, 2015, the Plaintiff entered into the instant construction contract with the Defendant and E on March 14, 2017, with respect to the CTemporary Power Construction Work ordered by the Defendant and E, with the amount of KRW 74,80,00,000, the contract amount of KRW 74,480,000, the contract amount of the contract, and the contract amount of the construction work (hereinafter referred to as the “instant construction contract”).

AB concluded the agreement.

On February 16, 2015, the Plaintiff issued to the Defendant a contract guarantee for the issuance of the F Association amounting to KRW 7,480,000.

A construction subcontract agreement;

6. Payment of the price;

(a) Within 15 days after the conclusion of the contract (1) the contents and proportion of the advance payment; (2) the date received from the ordering person or within 15 days after the contract date;

(b) Within 15 days after the completion amount (1).

(1) Payment within 30 days from the date the person placing an order receives a adjustment in accordance with the contents and proportion of such adjustment (2) within 15 days from the date the person placing an order receives such adjustment;

9. The rate for warranty bond: 3%; 11. The rate for warranty bond: 0.1% of the number of delayed days ¡¿.

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