(영문) 수원지방법원성남지원 2014.02.11 2011가합8382 (1)

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(영문) 수원지방법원성남지원 2014.02.11 2011가합8382 (1)

공사정산금반환

Text

1. Ascertainment that the rehabilitation security claim of the Plaintiff (Counterclaim Defendant) against the Defendant is KRW 459,238,573

2. Defendant.

Reasons

1. Basic facts

A. A. Around June 24, 2010, the Plaintiff agreed that the construction cost for the first construction among the instant construction works shall be KRW 15,187,700,000 (including value-added tax) and the construction period shall be KRW 2,393,820,000 (including value-added tax) and the construction period shall be from July 1, 2010 to December 27, 2010.

However, the above arrangement was based on the unit price settlement method according to input quantity, so that the construction cost can be increased or decreased according to actual input quantity in the construction work.

B. On July 14, 2010, the Plaintiff entered into an agreement with Taeduk Construction Co., Ltd. (hereinafter “Moduk Construction”) on the purport that Taeduk Construction is responsible for and responsible for the instant construction (hereinafter “instant agreement”). The main contents are as follows, and Defendant B and D&D Construction Co., Ltd jointly and severally guaranteed the Plaintiff’s obligation owed to the Plaintiff by Taeduk Construction on the same day.

Section 4 (Shares) With respect to this project, 15% of the amount of the contract for the work of the plaintiff (13,807,000,000 won) shall be the share of the plaintiff (2,071,050,000 won): <2, the share of the plaintiff (gains) and the share of the others (2,071,050,000) shall be the share of Taeduk Construction (liability Execution Amount).

(3) With respect to the modification of design, the share of the plaintiff shall be 7 percent.

Article 6(1) The Plaintiff and Taeduk Construction must keep confidentiality in relation to the present Convention, comply with good faith and faith, and compensate for damages. The amount of damages shall not be less than twice the amount of damages of the Plaintiff. 2) The Taeduk Construction gives more than a certain amount of money (not less than 1,50,000,000 won) to secure the performance of all the terms and conditions of the present Convention, with the seal of the Convention and the right to collateral security simultaneously.

§ 7 (Other). In the event of the construction in the first place, it shall be deemed that the construction in the first place.

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