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(영문) 서울중앙지방법원 2020.04.21 2019가단26500
위약금 청구의 소
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 November 30, 2017, the Plaintiff (former C Co., Ltd) entered into a contract with D Co., Ltd. (hereinafter “D”) under which the Plaintiff (former C Co., Ltd.) would receive a contract for the instant contract for construction work (hereinafter “instant contract”) from the E Co., Ltd. (hereinafter “D”) to the construction cost of KRW 1,497,10,000, and the construction period from November 30, 2017 to August 31, 2018 (hereinafter “instant contract”).

Since the contract of this case, the construction cost and construction period have been changed several times.

B. On November 10, 2017, the Plaintiff entered into a subcontract with the Defendant and the F Corporation (hereinafter “instant subcontracted project”) with respect to the construction cost of KRW 847,00,000 (including value-added tax) and the construction period from November 20, 2017 to August 31, 2018, and with a rate of KRW 1/1,000 of the daily contract amount for liquidated damages (hereinafter “instant subcontract”), and the said contract was reduced to KRW 79,70,000.

2. Eul shall enter into a blanket contract for out-of-the-spot construction to Gap within seven days after the date of the contract with D.

6. With respect to any matter arising in the course of construction works, Gap and Eul shall cooperate and endeavor to facilitate the completion of construction works, and shall be responsible for all the reasons attributable to them in the case of interference with construction works.

8. A and B shall carry out construction works on the basis of mutual trust, and shall pay an amount equivalent to 20% of the construction cost as penalty on the side where they do not carry out the agreed commitments under the upper sub-paragraph.

July 4, 2018

The contents related to this case among the business agreements finally modified with respect to the instant subcontract (hereinafter “instant business agreements”) are as follows.

(A) Defendant: Plaintiff d.

The Defendant completed the subcontracted project of this case on April 20, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion and judgment as to the plaintiff

A. Summary of the Plaintiff’s assertion 1.

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