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(영문) 수원지방법원 2016.04.01 2014가합63158
지체상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 1, 2012, the Plaintiff and C entered into a contract on June 1, 2012 with Defendant A Co., Ltd. (hereinafter “A”) under which the construction of the E logistics warehouse (hereinafter “instant warehouse”) is newly constructed (hereinafter “instant construction”) in Ansan-si (hereinafter “A”) on June 1, 2012 on the date of the commencement of the relevant construction work, and on January 31, 2013, the contract amount of KRW 7,904,600 (including value-added tax), the warranty bond rate of KRW 3/100, the warranty bond rate of KRW 2/100, the warranty bond rate of KRW 1/100, the warranty bond rate of KRW 1/1,000 (hereinafter “instant contract”). Defendant B jointly and severally guaranteed the obligation under the instant contract for the Plaintiff and C.

B. around May 2013, Defendant A excluded the said C from the contractor of the instant construction project, and changed the completion date of the instant construction project from the “201 January 31, 2013” to the “5. 31, 2013” and the rate of liquidated damages from the “1/1000” to the “1/100,” respectively, and the other matters to the “10% of the completion amount” to the “10% after completion.”

“The Plaintiff did not comply with the Plaintiff’s request to prepare a standard form of contract for modification (hereinafter “the first change contract”) to add the matters, and affix the seal of the representative director and affix the seal of the said contract to the Plaintiff. However, the Plaintiff did not comply with the said request. Meanwhile, the first change contract of this case is accompanied by “matters of special agreement” with the content that the Plaintiff and Defendant A agreed to make an ex post facto settlement with respect to the construction cost of this case at the rate of 1,700,000/p. (hereinafter “the construction cost of this case”). (c) The Plaintiff and Defendant A excluded the said C from the contractor of the instant construction on June 26, 2013, and excluded the completion completion date of the instant construction from the contractor of the instant construction from the “ January 31, 2013” to the “1/100” and the “1/100” from the “1/100” to the “10% of the completion amount,” and the “10% of the other terms of the contract shall be added from the representative director at the Gwangju Bank (Ma.” (hereinafter).

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