(영문) 전주지방법원 2016.10.12 2016가합225

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(영문) 전주지방법원 2016.10.12 2016가합225

위약금 청구의 소

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1. The plaintiff (Counterclaim defendant)'s principal claim and the defendant (Counterclaim plaintiff)'s counterclaim claim against B are all dismissed.

2...

Reasons

Basic Facts

A principal lawsuit and a counterclaim shall be deemed simultaneously.

A. The Plaintiff is a construction company specializing in the removal of buildings and waste disposal, and Defendant B Co., Ltd. (hereinafter “Defendant Company”) is an executing company that promotes the redevelopment of apartments.

B. On October 6, 2015, the Plaintiff entered into a contract for the removal of a building to dispose of the wastes after removing D Apartments (hereinafter “instant apartment”) and its attached fixtures with Defendant Company and Jeonju-si, and the building to dispose of the wastes thereof (hereinafter “instant removal contract”). Defendant C jointly and severally guaranteed the Defendant Company’s obligation under the said contract.

C. The main contents of the removal contract of this case are as follows.

Article 1 Removal General

2. Period of removal: From February 28, 2016 to May 31, 2016, the Defendant Company paying the purchase-price of Article 3: 20% of the down payment (390,000,000) as advance payment at the time when the removal work commences to be commenced, the Defendant Company pays the Plaintiff in cash 20% of the down payment (390,000,000) as advance payment; 50% of the intermediate payment shall be paid in cash when the removal process reaches 70%; and 30% of the balance shall be paid in cash at the time of the completion of the work.

Article 4 Performance Guarantee

1. The Plaintiff shall pay KRW 300 million to the Defendant Company to guarantee the implementation of the Project, and at the same time the contract is concluded, shall pay KRW 00,000 in cash, and the remaining amount shall be paid immediately at the request of the Defendant Company.

2. The Defendant Company shall return the full amount of the performance bond to the Plaintiff at the time of advance payment, but the performance bond shall be interest-free.

3. The United Nations performance guarantee which the Plaintiff is unable to perform this contract due to the Plaintiff’s fault belongs to the Defendant Company. The Defendant Company compensates the Defendant Company for KRW 600,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0

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