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(영문) 광주지방법원 2015.08.20 2014가합4042
지체상금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 30, 2012, the Plaintiff entered into a contract with the Defendant and the incorporated association C (hereinafter “Nonindicted Corporation”) with respect to D new construction works ordered by the Defendant and the incorporated association (hereinafter “Nonindicted Corporation”) as follows:

(hereinafter referred to as “instant primary contract” and “the instant primary contract”). The construction site: Gyeonggi-do Job Commencement ( April 2, 2012) and the contract amount: 5,250,000,000 won contract deposit: 787,500,000 won warranty bond: 3% warranty bond rate: 1/1000 (0.1%)

B. A separate contract signed on April 2, 2012 on the instant construction project under the name of the Plaintiff, Nonparty Corporation, and Defendant (hereinafter “instant secondary contract”) exists, and the details thereof are as follows.

(hereinafter referred to as “the instant secondary contract”). The contractor: The Plaintiff and the contracting party to the instant secondary contract: the Defendant’s place of construction: The contract amount: the total of KRW 5,250,000 for the commencement ( April 9, 2012) and the completion ( December 31, 2012): - the total of KRW 3,710,000 for the D New Construction - KRW 1,540,000 for the Civil Works - the warranty liability rate of KRW 1,540,000 for the defect warranty liability of KRW 1,93,00,000 for the defect warranty liability of KRW 3%: the warranty liability rate of KRW 1,100 for the defect warranty liability of KRW 1,540,00 for the Civil Works : 1,93,000 for the defect warranty liability rate of KRW 1,100 (0.1%)

C. On September 2, 2013, the Plaintiff renounced the instant construction work due to the Plaintiff’s circumstances and delivered to the President of the Office of General Affairs of Non-Party Corporation F (the person to whom all powers pertaining to the instant construction work was delegated by the Foreign Corporation).

F on November 19, 2013, the instant construction was delayed as the Plaintiff’s financial resources, and if the Plaintiff renounced the instant construction, the F delegated all the powers concerning the execution of the instant construction to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff 1 and F, around January 2014, are the Plaintiff’s assertion on September 2, 2013.

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