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(영문) 부산지방법원 2020.07.22 2017가합1304
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) shall pay KRW 150,470,828 to the Defendant (Counterclaim Plaintiff) Co., Ltd. and KRW 23,941,50 among them.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 21, 2016, the Plaintiff entered into a contract with the Defendant Company on the construction period of tin (hereinafter “instant tin”) on the part of the said construction work, setting the contract amount of KRW 1,850,250,482, and the liquidated damages rate of KRW 0.2% per annum (hereinafter “instant contract”).

The provisions concerning the guarantor of demand and supply, the exercise of the right to rescission or termination, advance payment, and delay in the performance of the contract of this case are as follows:

(hereinafter referred to as “A” shall assist the Plaintiff, “B,” and “B,” respectively. Article 3(1) of the Supply and Demand Guarantee Act shall assist the Defendant Company A in carrying out the contract in good faith, and shall be jointly and severally liable for all matters that may result in the occurrence of a cause for nonperformance of the contract due to “B”.

Article 8 (Cancellation of Contracts A) (1) In cases falling under any of the following subparagraphs, A may cancel or terminate all or part of the contract concerned; (a) in cases where the period of commencement of the contract concerned has elapsed without justifiable cause and the construction has not commenced even after the date of commencement of the construction without justifiable cause; (b) in cases where Party A is clearly unable to perform the construction in the air due to any cause attributable to Party A (2) in cases where Party A cancels or terminated the contract under paragraph 1, Party A shall not return

(3) If Party A wishes to cancel or terminate a contract pursuant to paragraph (1), it shall give written notice to Party B.

(4) If the contract is rescinded or terminated under paragraph (1), Party A shall pay to Party B the price determined by Party A for the completion of the contract. If Party A does not accept the order of the construction work to be provisionally rescinded or terminated within the designated date, Party A shall also use this body, and Party B shall raise an objection against Party B’s use of the original and subsidiary materials.

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