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(영문) 창원지방법원 2019.11.14 2018가합52832
손해배상(기)
Text

1. As to the Plaintiff KRW 1,040,000 and its KRW 1,000,000 among them, the Defendant shall pay to the Plaintiff KRW 40,00,000 from June 15, 2018, and KRW 40,000,00.

Reasons

1. Facts of recognition;

A. 1) On April 25, 2017, the Plaintiff and the Defendant newly built E on the Jeju Special Self-Governing Province C and D’s ground between the Plaintiff and the Defendant (hereinafter “instant construction”).

As to the contract amount of KRW 10,400,000, and the construction period from August 2017 to September 2018, 2018, the contract amount of KRW 1,560,000 (15% of the contract amount) was concluded with respect to the contract amount of KRW 10,40,000,00. The main contents of the standard terms and conditions of the contract for private construction works included in the terms and conditions of the contract, attached to the above contract, are as follows (Evidence 2). Article 1 [General Provisions] / [hereinafter referred to as “A】

and contractor (hereinafter referred to as “B”)

(2) A contract deposit under paragraph (1) may be paid in writing, etc. by a letter of guarantee issued by any of the following agencies: Provided, That where a contract is rescinded or terminated due to any of the causes referred to in the subparagraphs of Article 31(1), the contract deposit under Article 4 shall be reverted to the Party A. In this case, if the amount of damages arising from the rescission or termination of the contract exceeds the contract deposit, the contract deposit under Article 4 shall not be claimed. Article 31 [1] (i) A may be rescinded or terminated, in whole or in part, in cases falling under any of the following subparagraphs:

1. Where Eul fails to commence construction even after the lapse of the period for commencement agreed upon without any justifiable ground;

2. Where it is evident that there is no possibility to complete the construction work within the completion date due to the reasons attributable to B, the contract for succession to the construction work is not more than GF.

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