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(영문) 울산지방법원 2019.07.11 2018가합24918
손해배상(기)
Text

1. As to KRW 219,657,390 among the Plaintiff-Counterclaim Plaintiff and KRW 171,978,00 among them, the Plaintiff-Counterclaim Defendant (Counterclaim Plaintiff) shall have the effect on March 31, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff (formerly: C Company) is a company that carries on urban design and public art-related business, and the Defendant is an executor of the urban development project B in Ulsan-gu, Ulsan-gu, Seoul-do.

B. On December 27, 2016, the Plaintiff and the Defendant concluded a service contract with the content that the Plaintiff would prepare and submit the design design draft of the neighboring parks (hereinafter “instant service contract”) with the period from around December 2016 to the completion of the authorization of the implementation plan.

C. On November 16, 2017, based on the result of the instant service contract, the Plaintiff and the Defendant entered into a contract under which the Plaintiff would enter into a contract for installation of park facilities in the E neighboring park for KRW 849.9 million (hereinafter “instant contract”). Of the instant contract, the part relating to the instant case is as follows.

The title of the instant contract: F Corporation - the contract amount of the facility on the 3 and 4 sites: The contract period of KRW 8499 million: from the contract date to the transfer of the relevant park (the construction period: 4 months from the commencement date of the landscaping work) : Defendant, and Plaintiff 4 (the payment of the project cost)

1. Eul shall request Gap to pay as advance the amount equivalent to 20% of the total project cost after concluding the contract (Provided, That this shall not include advance payment performance bonds), and Gap shall pay as advance payment 20% of the total project cost within seven days from the date it is requested to Eul (excluding VAT).

2. A shall additionally pay a monthly construction cost according to the performance progress rate in accordance with a written request for construction completion submitted by B (based on the last day of each month).

3. The payment method of the construction cost shall be made to A by attaching a supervisor's written confirmation, and A shall be paid to B in cash within 14 days from the date the request is made within the business day.

Article 13 (Performance Delay)

1.If Eul fails to complete the construction work within the time limit fixed in this Agreement, the total cost shall be 0.1% of the total cost.

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