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(영문) 서울고등법원 2018.11.13 2018나2033471
지체상금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The execution of a concession agreement between the Busan Urban Transportation Corporation and the Mamere Cable Co., Ltd. (1) Mamere Cable Co., Ltd. (1) Mamere Cable Co., Ltd. (hereinafter “Mamere Cable Co., Ltd. (hereinafter “Mamere Cable”)

(2) On September 6, 2010, the Busan Urban Railroad and the Busan Urban Transit Corporation (hereinafter “instant project”) are “construction works for installing ten platforms, screeners, etc., including the Busan Urban Railroad No. 1, 2000 and advertising operation projects using lighting advertising facilities” (hereinafter “instant project”).

(i) In relation to the instant concession agreement, the main content of which is “the term “the term “the term “the term “the term “instant concession agreement” (hereinafter referred to as “the term “the term “the term “instant term concession agreement”) is to produce and install screeners, etc. on the platform of the said 10 calendar stations with the capital being financed by the proprietor and the loans, and the term “the term “the term “the term “the term “the term”, in return,

(2) The main provisions relating to this case in the concession agreement of this case were as follows: (a) the completion date of the instant concession agreement was determined as 17 months from the date of conclusion of the agreement;

(B) Of the following, “A” refers to “B” and “B” to “B” respectively. Article 2(Definitions) of the concession agreement

4. Business Facilities means the urban railroad platform and screen control system under this Convention, related paint facilities, and facilities for maintenance, repair, management and operation of those facilities.

18. The term "contract for borrowing money" means a contract which is concluded between a lender for the purpose of borrowing money necessary for the manufacture and installation of business facilities by Eul;

21.The completion date of a completion plan shall be 17 months from the date of conclusion of the agreement, and the early completion date shall be deemed the completion date referred to in subparagraph 22 of this Article.

22. “Date of completion” means the date of recognition of the completion completion in the confirmation of construction completion granted by A to B according to the completion inspection as set out in this Convention, and the date of submission of the final completion report.

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