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1. Of the judgment of the court of first instance, the comprehensive construction of plaintiffs Yong-Nam in excess of the money ordered to pay under the following A and B:
Reasons
1. Basic facts
A. The Defendants C, D, E, F, and G Co., Ltd. (hereinafter collectively referred to as the “Defendant et al.”) shared 23,107 square meters of H forest land at Kimhae-si, and agreed to jointly install facilities for prevention of environmental pollution and danger and injury (hereinafter referred to as the “instant construction”) on the land outside the above land (hereinafter referred to as “instant construction site”) and jointly with the Defendant G Co., Ltd. (hereinafter referred to as the “Defendant G”) around December 24, 2007, to jointly install facilities for prevention of environmental pollution and danger and injury on the land (hereinafter referred to as “instant construction site”). The main contents of the instant contract were as follows.
The name of the construction project: The scheduled date of the commencement of construction works for prevention facilities of environmental pollution and danger and injury: H on December 24, 2007: the contract amount (including value-added tax) on April 30, 2008: 2,032,700,000 won: the compensation rate for delay: Article 28 (Defect Security) of the General Conditions for Contract for Construction Works 0.1% under the General Conditions for Contract for Construction Works.
Provided, That the same shall not apply where force majeure, such as natural disasters, or cause not attributable to the contractor occurs after the object of the construction is delivered.
Article 35 (Transfer of Claims) (1) No contractor shall transfer to a third party any claims arising under this contract except for the purpose of the implementation of this project.
(2) Where a contractor intends to transfer his/her obligation, he/she shall obtain the written approval of the contractor with the consent of the guarantee agency (including the joint and several guarantors where there exists a joint and several guarantor)