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(영문) 의정부지방법원 2019.12.11 2018가합56602
지체상금 등 청구의 소
Text

1. Defendant B Co., Ltd. pays KRW 90,828,984 to the Plaintiff.

2. The plaintiff's defendant B Co., Ltd.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant B”) on April 5, 2017.

(D) E-Ground Royll Construction Corporation (hereinafter referred to as the “new construction of this case”)

(2) Of the earth and sand works and incidental civil works (hereinafter “instant earth and sand works”)

(B) The contract amount of KRW 283.5 million (including value-added tax), the period of construction from April 24, 2017 to February 28, 2018, and the delayed number of days of delay set at KRW 1/1,000 per day (hereinafter referred to as “first subcontract”) and subcontracted the said subcontract (hereinafter referred to as “the said subcontract”).

(2) On April 5, 2017, the Plaintiff, among the new construction works in this case, subcontracted to Defendant B the contract price of KRW 713,257,00 (including value-added tax) and the construction period from June 1, 2017 to December 1, 2017, with the rate of KRW 1/1,000 per day of delay delay penalty.

(hereinafter referred to as the "Second Subcontract"). (b)

On June 16, 2017, Defendant B entered into a guarantee agreement between Defendant B and Defendant C Mutual Aid Association (hereinafter “Defendant Mutual Aid Association”) with the term “the Plaintiff’s guaranteed creditors, the contract amount of KRW 283.5 million, the guaranteed amount of KRW 283.5 million, the guarantee period of KRW 28.35 million, and the guarantee period of the Defendant Mutual Aid Association from April 5, 2017 to February 28, 2018” (hereinafter “instant guarantee agreement”), and submitted it to the Plaintiff upon obtaining the contract guarantee certificate from the Defendant Mutual Aid Association.

The terms and conditions of contract guarantee incorporated into the instant contract guarantee agreement (hereinafter “instant contract guarantee terms and conditions”) related to the instant case are as follows.

Article 1 (Guarantee Responsibility) If the contractor (hereinafter referred to as the “contractor”) fails to perform the obligation or obligation to the other party (hereinafter referred to as the “beneficiary”) due to a cause attributable to the contract, Article 56 of the Enforcement Decree of the Framework Act on the Construction Industry.

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