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(영문) 대구지방법원 2015.12.31 2015가단117872
구상금
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. Facts of recognition;

A. On December 12, 2005, Daegu Metropolitan City entered into a concession agreement with Daegu Museum Services Co., Ltd. (hereinafter “Sagu”) and D art gallery private investment facilities projects, and designated the said company as the project implementer.

Daegu Metropolitan City and the non-party company agreed on March 20, 2010 to pay liquidated damages if the completion date is not observed.

B. On March 13, 2008, Nonparty Co., Ltd. (hereinafter “Defendant C”) entered into a lease agreement with Defendant C (hereinafter “instant lease agreement”) on the following terms for the purpose of construction, lease, management, operation, etc. of facilities affiliated to D art galleries (benching facilities, convenience stores, KONEXs, Kapeta, art shop, etc.).

A lessor: A non-party company and a lessee: A period of KRW 8 billion: A lessee in 20 years shall complete the construction of the relevant appurtenant facilities at the lessee’s expense by the date of completion under the implementation agreement and ensure that there is no problem in the completion of the lessor.

(3) Article 7(3). The lessee shall pay to the lessor a deposit amounting to 10% of the above rent (a performance guarantee insurance policy of a cash or a guaranteed insurance company) in order to guarantee the performance of the contract for the construction, management, operation, etc. of

(Article 5(1). Where the contract is terminated even when the main contract is terminated due to a cause attributable to the lessee, the contract performance guarantee money shall belong to the lessor (Article 5(2)). If the lessee has voluntarily ceased the construction of the attached facilities due to the interruption of the interior work of the attached facilities, and the lessee’s business has not commenced at the same time as the construction of the main facilities is completed, the lessor may terminate the said contract without any separate peremptory notice

(Article 21, Paragraph 1, paragraph 5). (c)

Defendant C’s construction contract of this case (hereinafter “instant construction contract”) on November 24, 2009, between the Nonparty C and its affiliated facilities.

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