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(영문) 부산지방법원 동부지원 2018.01.26 2017가합102579
손해배상(기)등 청구의 소
Text

1. As to Defendant Jeju Construction Co., Ltd.’s KRW 1,789,595,00 and its KRW 96,800,00 among the Plaintiff, April 11, 2017.

Reasons

1. Facts of recognition;

A. (1) On April 14, 2016, the Plaintiff entered into the instant contract with the Defendant Company, “Cbuilding” (hereinafter referred to as “instant new building”) in Busan Shipping Daegu District.

2) The construction project newly constructed (hereinafter referred to as “instant construction project”)

As to the contract amount, the contract amount of KRW 4,235,00,000, and the construction period from April 22, 2016 to October 31, 2016, the contract amount of KRW 423,50,000 and KRW 1/1,000 of the contract amount for delay (hereinafter “instant contract”).

(2) The contract deposit under Article 54(1) of the Framework Act on the Construction Industry may be paid in cash, etc. to the Plaintiff before the conclusion of the contract in order to guarantee the performance of the contract. However, the contract deposit under Article 54(1) of the Framework Act on the Construction Industry may be paid in the form of a letter of guarantee issued by each mutual-aid association under each of the following subparagraphs. (1) If the contract is terminated or terminated on the grounds of each subparagraph of Article 31(1), the contract deposit under Article 4 shall be reverted to the Plaintiff. In this case, if the amount of damages exceeds the contract deposit under Article 4, the amount of damages may be claimed for the excess portion. (1) When the Defendant Company fails to complete the construction within the deadline for completion of the contract, the amount calculated by multiplying the contract amount by the rate of liquidated damages under the contract amount under each subparagraph for each day without delay shall be paid to the Plaintiff:

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