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(영문) 서울중앙지방법원 2018.02.19 2016가단5157095
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 21,549,768 to the Plaintiff (Counterclaim Defendant) and its amount from July 19, 2016 to February 19, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. (1) On August 27, 2015, the Plaintiff, as a contractor, concluded a standard contract for construction works (hereinafter “instant construction contract”) with the Defendant, the contractor, and the contractor, to newly construct detached houses (hereinafter “instant building”) on the ground of “476 square meters of forest land B in Yongsan-si” on the ground, and the content of the instant contract is as follows.

(O) Date of commencement: 490,00,00 won (excluding value-added tax) for the contract on February 25, 2016: 10% (Submission of performance guarantee certificate within 7 days after the conclusion of the contract) - Payment period of KRW 147,00,000 (payment within 7 days after the conclusion of the contract): The first progress payment: 98,000,000 (within 98,000,000 for the second progress payment; 98,000,000 (at the completion of the OM work) - The third progress payment: 147,000,000,000 for the first time: 0,000 won for the first time: 0,000 won for the construction work and 30% for the first time, 200,000 won for each type of work and 30% for delay in the construction work, 205,301, 2005 won for each type of work and 300.

(A) “A” and “B” refer to the Plaintiff. Article 4 (Deposit for Contract) (1) “B” shall pay the contract deposit as set out in the contract to “A” before the conclusion of the contract to guarantee the performance of the contract.

Provided, That this shall not apply where "A" and "B" agree not to pay a contract bond under an agreement.

§ 5. Contract bond

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