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(영문) 서울남부지방법원 2018.12.07 2018가합101292
손해배상(기)
Text

1. On July 18, 2017, the Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) for KRW 627,00,000 and KRW 209,000 among them.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiff is a company engaged in an engineering work, etc., and the defendant is a company engaged in all incidental business related to pharmaceutical wholesale and retail business and its incidental business.

B. On May 9, 2016, the Plaintiff entered into a contract for construction works between the Plaintiff and the Defendant, as well as the Defendant’s new construction of the Defendant’s D Plant on the ground of Namyang-si, Namyang-si (hereinafter “instant construction”).

A) A contract for construction works with the terms and conditions that the contract is concluded between KRW 1.9 billion for the construction cost (excluding value-added tax) and May 15, 2017 to December 15, 2017 (hereinafter “instant contract for construction works”).

AB concluded the agreement.

The main contents of the instant construction contract are as follows.

Construction Contract Documents

1. Name of construction: Defendant D Factory Construction Corporation;

2. The place of construction: Southyang-si C.

3. Date of commencement: May 15, 2017: Date scheduled for completion: The contract amount on December 15, 2017: KRW 1.9 billion (excluding value-added tax).

6. Contract bond: 10% of the contract amount (replacement with performance securities);

7. Advance payment: 20% of the contract amount (excluding 380,000,000,000 won, and value-added tax) (payment within 10 days after concluding a contract).

8. A completed amount: Cash payment at the 25th of each month (payment at the end of each month on the 25th of the following month after a request for delivery).

9. Items and quantities of materials to be paid: No 10. 10% of the contract amount; Period of warranty of defects: 3% of the contract amount; Period of warranty of defects on December 12, 2000 after completion: 0.1% of the contract amount per day (it shall not exceed 3% of the total contract amount); 13. Interest rate of delay in payment: Article 4 (Contract Deposit) of the General Conditions (A: Defendant and Plaintiff: Plaintiff) of the contract for construction works covered by the statutory interest rate (the contract deposit) (1) of the B shall be paid in cash, etc. to A before the conclusion of the contract

Provided, That this shall not apply where a contract deposit is agreed not to pay the contract deposit under this agreement with A and B.

(2) A contract bond under paragraph (1) may be paid by a letter of guarantee issued by the following institutions:

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