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(영문) 서울중앙지방법원 2017.01.26 2016가단52911
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 1,387,648,243 and KRW 741,763,303.

Reasons

1. Facts of recognition;

A. From among the Busan apartment construction works that were contracted to the Defendant A (hereinafter “Defendant A”) and the Plaintiff A Co., Ltd. (hereinafter “Defendant A”), the main and general household construction works were subcontracted to the Defendant as follows:

(1) The term "the first subcontract, etc. of this case" according to the sequence below. The subcontract of this case 1 through 4 is collectively referred to as "each of the subcontract of this case". The term "the first subcontract of this case" of this case 1 to 14.7 billion won, 2.7 billion won for the general household construction project (including value-added tax) from August 20, 209 to June 31, 2010, 187,018, 160 billion won for 16.7 billion won for each of the following 3 billion won for the general household construction project of this case 1 to 3.4 billion won, 2.2 billion won for the general household construction project of this case from September 7, 2009 to September 15, 2010 to 3.7 billion won, 2.7 billion won for 3 billion won for each of this case's construction project of this case (including 1 to 2 billion won) and 9.7 billion won for the general construction project of this case 9.3 billion won

Construction Contract Documents

6. Terms and conditions of payment;

(a) Advance payment: B (referring to Defendant A; hereinafter the same shall apply) shall, after entering into a contract, submit advance payment performance securities, contract performance securities, confirmation of industrial accident insurance, and insurance policies for user's liability to Gap (referring to erogs; hereinafter the same shall apply);

(b) Part for progress payment: Cash settlement within 30 days after a claim for the term of the end of each month - B shall, when a request for the term is made, have the tax invoice, defective documents related to the security reached Gap;

Article 3 (Contract Security) Section 3 (Contract Security) of the Construction Contract Terms is the guarantee for the implementation of this Agreement, and as a result, the amount equivalent to 10% of the contract amount shall be A.

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