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(영문) 서울중앙지방법원 2015.04.30 2014가단5198559
약정금
Text

1. The Defendant’s KRW 60,000,000 and annual interest thereon from March 7, 2014 to April 30, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 19, 2013, an architect office building company (hereinafter “non-party company”) concluded a contract with the Defendant on December 19, 2013, the non-party company entered into a subcontract by setting the amount of 216 million construction cost and the period of construction up to February 28, 2014, among the new construction works for detached houses and multi-family houses on the ground B and C that were contracted by the non-party company.

In addition, on December 19, 2013, the non-party company awarded a subcontract with the amount of 84 million won and the construction period until February 28, 2014, among the new construction works for multi-family houses on the Mapo-gu Seoul Metropolitan Government D ground that the non-party company contracted to the Defendant.

B. On or after December 19, 2013, the non-party company paid a total of KRW 94 million to the Defendant as advance payment with respect to each of the above construction works.

C. However, on February 13, 2014, the Defendant failed to perform each of the above construction works, and the Nonparty Company entered into an agreement with the Defendant on the execution and settlement of construction works (hereinafter “instant agreement”) as follows.

(1) On December 19, 2013, the contract entered into on December 19, 2013 is affixed with the seal of this contract, and at the same time, it is as Attachment 1 of the Settlement Statement.

(2) The terms of the contract are limited to creative / metal works, silver and furniture works.

(3) As regards the amount to be deducted or added from the contract amount, the amount to be deducted or added in proportion to the ratio of the contract amount by field, and the amount to be 64.7 million won per advance payment of this contract shall be paid by the non-party company to the Defendant as part of this contract.

(4) Within two days from the date of conclusion of the contract (period: from March 31, 2014) the non-party company must submit to the non-party company a construction performance bond.

The construction performance securities shall be securities that guarantee 40% of the contract amount.

(5) The contract advance payment to be made by the non-party company is paid to the defendant, such as a statement of accounts (Attachment Me1).

(6) Payment for progress shall be made on the basis of the date of the on-site execution and the completion of the establishment, and shall be made within seven days after the approval of the completion of the establishment of the non-party company.

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