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(영문) 서울고등법원 2018.04.19 2017나2058169
보험금
Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

The total cost of the lawsuit shall be the part resulting from the supplementary participation.

Reasons

. By May 28, 200, the contract amount of KRW 3.52 billion was entered into (hereinafter “instant subcontract”) with a contract amount of KRW 3.5 billion (hereinafter “instant subcontract”).

2) In the electronic bid for the instant machinery and equipment construction, Shin Young-young selected as a successful bidder and concluded the instant subcontract with the Plaintiff. The Plaintiff’s Electronic Procurement System refers to the construction contract and the construction business standard subcontract agreement (hereinafter “standard subcontract agreement”) regarding the instant machinery and equipment construction.

(ii) the special terms and conditions of the subcontract (hereinafter referred to as “the special terms and conditions of this case”).

(ii)The principal contents of the attachment are as follows: The standard subcontract agreement for construction works (basic)

1. The project owner: The name of the original contract for Ora ginseng Korea Co., Ltd.: Jeju Costa Ltd.; and

2. The name of subcontracted works: Mechanical installation works;

3. The work place: Mapo-si 105, Seopo-si, Seopo-si.

4. A construction period: The contract amount on May 28, 2014, as of May 22, 2014, on which January 22, 2013 begins: KRW 3,520,000,000 per day ( KRW 3,520,000): Value-added tax * Value-added tax * KRW 3,200,000,0000 per day ( KRW 3,200,000): KRW 320,000 per day ( KRW 320,000,000).

8. Contract bond: KRW 352,000,000 ( KRW 352,00,000); and

9. The rate of liquidated damages: Article 25 (Cancellation and Termination of Contracts) (1) or (2) of the Standard Subcontract Form for Construction Business 0.1% of the contract amount per day immediately, may be rescinded or terminated, in whole or in part, if the contract is not performed within the said period, after demanding the performance of the contract in writing, with fixing a reasonable period, in cases falling under any of the following subparagraphs:

1. Where it is deemed that A or B cannot achieve the purpose of the contract in violation of the terms and conditions of the contract;

2. Where it is clearly deemed that the construction work cannot be completed in the air due to any cause attributable to the debtor, such as dishonored bankruptcy.

3. When it is impossible for Gap to complete the construction work due to its violation without any justifiable reasons, without performing the contents of the contract; and

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