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(영문) 광주지방법원 2015.05.08 2013가합10422
계약금 등
Text

1. The Defendants jointly and severally agreed to the Plaintiff (Appointed Party) A, KRW 80,000,000, and KRW 120,000 for the appointed parties E and each of the above costs.

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) Defendant B Co., Ltd. (hereinafter “Defendant Company”)

A) On March 17, 2011, the F Housing Redevelopment Project Association and the F Housing Redevelopment Project Association within the Dong-gu Incheon Metropolitan City (hereinafter “instant construction contract”) enter into a removal construction contract for existing housing located within the area of the F Housing Redevelopment Project (hereinafter “instant construction contract”).

The contract term and service period are as follows. From March 17, 201 to March 17, 2012, the contract term and service period may be extended through mutual consultation depending on the circumstances. The contract term: KRW 1,750,000 (the contract term: KRW 350,000,000 at the time of commencement of works, KRW 525,000 at the time of first intermediate payment, KRW 525,00,000 at the time of completion of works, KRW 525,00,000 at the time of completion of works, and KRW 350,000,000 at the time of completion of works, and KRW 350,00,000 at the time of completion of works) the Defendant Company concluded a contract to transfer the status of the contractor under the instant construction contract (hereinafter “instant transfer contract”) with G on February 17, 2012, and the major content of Defendant D Company’s joint and several liability were as follows.

The method of paying the agreed amount of KRW 230,00,000: The agreed amount shall be paid for KRW 100,000 on the date of the agreement, and the remainder shall be paid for the remainder at the same time as the second intermediate payment pursuant to the instant construction contract is received.

The defendant company's obligation to perform the contract of this case under the Convention - The defendant company shall change the term of the contract of this case and the term of service within one year from the date of preparation thereof.

- The Defendant Company must change the recipient of the instant construction contract from the Defendant Company to G within one year from the date of preparation of this Convention.

Compensation for damages due to non-performance: if the defendant company received an agreement at the time of the conclusion of the agreement and fails to perform the agreement, it shall compensate twice the amount received as the agreement amount and shall be liable for the criminal liability.

3 G is the defendant February 17, 2012.

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