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(영문) 제주지방법원 2017.08.24 2016가합1423
계약해제확인등
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 78,582,262 and Defendant D with respect thereto from November 30, 2016, and Defendant B.

Reasons

1. Basic facts

A. The parties concerned are stock companies engaged in the housing construction business, the housing sale and lease business, etc., and Defendant B Co., Ltd. (Co., Ltd. before the change to C; hereinafter “Defendant Company”) is a stock company with the purpose of building construction business, engineering work business, etc., and Defendant D is a person who was the representative director of Defendant Company.

B. Conclusion of the instant contract

2. Construction period: November 7, 2014 to July 7, 2015 (including malicious and holiday, and the Plaintiff and Defendant Company agreed to extend the construction period by January 31, 2016).

3. Contract amount: 72,840,000 won: 214,582,154 won;

4. Contract bond: 7,284,000 won; and

6. Progressed portion: 80% of the construction amount per month.

9. Compensation for delay of construction works: Contract amount ¡¿ 0.1% ¡¿ Standard contract for private construction works for the number of delayed delay days/Article 2 of the General Conditions for Contract for Construction Works [Definitions] shall be as follows:

8. The term "statement of calculation" means a detailed statement submitted by a contractor to a contractor after stating unit price in a bill of quantity of materials;

Article 4 (Deposit for Contract) (1) B (Defendant Company) shall pay in cash, etc. to A (Plaintiff) before entering into a contract in order to guarantee the fulfillment of the contractual obligation.

Provided, That this shall not apply where Gap and Eul agree not to pay the contract bond under this agreement.

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

2. A guarantee certificate issued by an equivalent institution, such as a guarantee insurance company, G Fund, etc. (1) Where a contract is rescinded or terminated due to the reasons referred to in the subparagraphs of Article 31 (1), the contract bond paid pursuant to Article 4 shall revert to A;

In such cases, where the amount of compensation for damage following the cancellation or termination of a contract exceeds the contract deposit, it may be claimed as compensation for the excess amount.

(2)

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