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(영문) 서울서부지방법원 2017.01.10 2016가단8476
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 1, 2015, the Defendant entered into a construction contract with the construction owner, the Defendant, the constructor, the construction contractor, and the Plaintiff, the joint and several surety, with respect to the construction of a factory site of 29,990 square meters in size (hereinafter “instant construction”).

(hereinafter “instant construction contract”). Among them, the contents relating to the instant case are as follows:

4. Period: Commencement of construction: December 2015 - Completion of construction, 2016.

5. Contract amount: gold 99,600,000 won/value-added tax / Construction work for a factory site.

6. Part included in the contract amount: ① Construction of a factory site based on the approved civil engineering design; ② Construction of a factory site based on the specifications attached to this contract is referred to as the ordering person of the construction project as referred to in Article 1 (General Provisions) (1) and the contractor as referred to in subparagraph (b) and both parties shall faithfully perform the contract, referring to the joint and several surety of subparagraph (B).

(2) A soldier shall have the same right as that referred to in subparagraph (B) of this Agreement (excluding various registration of a construction business, exclusion from licenses, etc., and various certificates of guarantee, etc.), and a soldier may directly claim construction cost, etc. to (A).

Article 16 (Advance and Event of Contract) (2) Where the Corporation is absent from office or (A) violates this contract due to the circumstances set forth in subparagraph (A), it shall pay to the Chief of the Office the amount which shall be one billion won as penalty for breach of contract.

Article 17 (General Matters) (1) A contractor shall select and enter into a contract at will, and the (s) shall terminate the contract at will.

(2) The contract shall be terminated if the contractor affixes his/her signature and seal on the contract.

(3) No joint and several sureties shall require various construction business licenses, registration of a construction business, various certificates of guarantee, etc. to be provided to such joint and several sureties.

§ 18. (A) No person shall engage in any direct transaction, such as consultation, contract, etc. with the contractor without the written consent of the contractor, (B) the exclusion of which from the scope of subparagraph (A) or the relationship between the contractor and (D) the contractor, or infringe on the rights and interests of the contractor.

(A) Where the contract is breached;

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