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(영문) 서울서부지방법원 2014.05.29 2013가합4401
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 607,354,250 to the Plaintiff (Counterclaim Defendant) and its related amount from May 30, 2013 to May 29, 2014.

Reasons

Basic Facts

The Defendant was awarded a contract for construction works for two sections (hereinafter referred to as “construction works for two sections”) from among the construction works for creating a complex for an urban development project in the marina zone (hereinafter referred to as “Industrial Complex Construction Works”) with the company that performs the contracted construction works, such as civil engineering and construction works.

On June 4, 2010, the Defendant divided the above Section 2 into 1, 2, and entered into a contract with the Plaintiff to subcontract land construction works, reinforced concrete construction works, and ZONE 22 and ZONE 30 (hereinafter “instant subcontracted construction”) with the Plaintiff and one minute (attached Form 19 through ZNE 22, and ZONE 24 through ZONE 30).

In addition, the defendant is a new coopic case (hereinafter referred to as "new coopic case").

- The main contents of the instant subcontract are as follows: (a) construction period: (b) December 31, 2012, 201; (c) contract amount: KRW 9,739,296,000 (including value-added tax) on June 4, 2010; (d) contract deposit rate of KRW 10%: 5% of the contract amount; (e) security deposit for repairing defects; (b) security for repairing defects; (c) security for the payment of the contract amount; (d) security for the performance and the payment of the contract amount; and (e) security for the performance and the payment of the contract amount:

1. The method of guaranteeing the contract performance of the amount equivalent to 10% of the contract amount to the defendant.

1. A letter of guarantee issued by the construction mutual aid association, specialized construction mutual aid association, guarantee insurance company, and the credit guarantee fund equivalent thereto;

2. National or local bonds;

3. Article 7 (3) where the defendant cancels or terminates a contract in whole or in part pursuant to Article 25 (1) because the plaintiff failed to perform his/her contractual obligation as a guarantee for payment or certificate of deposit of a financial institution.

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