(영문) 수원지방법원 2016.02.18 2014가합3897

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(영문) 수원지방법원 2016.02.18 2014가합3897

양수금

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1. The Defendant’s KRW 105,063,309 as well as 6% per annum from April 1, 2014 to February 18, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. A Co., Ltd. (hereinafter “A”) is a company established for the purpose of reinforced concrete construction business, etc., and the Defendant is a company established for the purpose of construction business, etc.

B. On March 12, 2013, the Defendant and the construction price of KRW 545,561,50 (including value-added tax) and the construction period from March 12, 2013 to June 6, 2013, and determined 3% of the warranty bond rate of KRW 0.1%, and the warranty bond rate of KRW 0.1% of the warranty bond of KRW 15,950,00 (including value-added tax) among the new construction works in Kimpo-si-si, Kimpo-si (hereinafter “first construction works”), each of the instant construction contracts entered into between the instant construction works and the instant construction works (hereinafter “the instant construction contracts”) with each of the instant construction contracts (hereinafter “the instant contracts entered into between the two construction works”), and the period from March 12, 2013 to December 15, 2013; 3% of the warranty bond rate; and 0.1% of the liquidated construction works (hereinafter “the instant construction contracts”) and each of the instant contracts entered into between the instant construction works (hereinafter “the instant construction contracts”).

Article 6 (Transfer of Rights and Obligations) (1) The defendant and A shall not transfer or succeed to any rights and obligations arising from this contract to a third party.

Provided, That this shall not apply where a written consent of the other party is obtained.

(2) No A shall sell, transfer, lend, or provide for security purposes any construction materials that have been brought into the objects of a project or a construction site and have undergone an inspection.

Article 14 (Change or Suspension of Construction Works) (1) When the contents of construction works are modified or added at the request of the project owner or his/her design change, etc., or when the construction works for all or part of the construction are temporarily suspended, the defendant shall deliver a modified contract,

2. A under the direction of the defendant.

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