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(영문) 서울고등법원 2016.04.22 2015나2011821
손해배상(기)
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On November 22, 2011, the Plaintiff entered into a construction contract with A, with respect to the construction work of the Hanam Ctel on the land outside B and three parcels of land (hereinafter “instant officetel construction work”) with the construction cost of KRW 18.97 billion (including value-added tax) and the construction period from November 28, 201 to February 28, 2014.

B. On December 7, 2012, the Defendant entered into a contract for construction with the Plaintiff, setting the construction cost of KRW 1.3775 million (including value-added tax) and the construction period from December 7, 2012 to February 28, 2014 (hereinafter “instant construction contract”). The Defendant concluded a contract for construction that receives a subcontract for each of the instant construction works (hereinafter “instant construction contract”).

[The instant construction contract]

6. Payment of the price;

(a) Advance payment: No one; and

(b) Endd portion: [1] Claim made once a month / [2]: Within 10 days (in cash 80% of bills and notes 20% of the contract terms) as of the date of payment of the ordering party after the inspection of the completed portion at the end of two months; Article 5

2. Where Eul (the defendant; hereinafter the same shall apply) fails to submit a contract performance certificate or renounces the (a) construction in the middle of the contract, the contract may be terminated at will of Gap (the plaintiff; hereinafter the same shall apply) and Eul shall compensate for 10% of the total contract amount.

C. Of the contents of the instant construction contract, the parts related to the instant case are as follows.

The Defendant continued the instant construction work in accordance with the instant construction contract, and suspended the construction work from September 1, 2013.

E. After the conclusion of the instant construction contract, the Defendant submitted to the Plaintiff a contract guarantee certificate (hereinafter “instant guarantee certificate”) with the term “the contract guarantee certificate” from December 27, 2012 on the date of conclusion of the contract, the contract amount of KRW 1,375,000,000, and the guarantee period from December 7, 2012 to February 28, 2014, as the guarantor fire-fighting industry mutual aid association. The instant guarantee certificate was forged.

[Ground of recognition] There is no dispute.

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