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(영문) 서울중앙지방법원 2013.02.07 2012가합34530
보험금
Text

1. The Defendant’s KRW 195,705,00 for the Plaintiff and KRW 6% per annum from May 8, 2012 to February 7, 2013.

Reasons

1. Basic facts

A. On April 22, 2011, the Plaintiff entered into a contract between the Plaintiff and A Co., Ltd. (hereinafter referred to as “A”) with respect to the construction of a factory in the area of the 437 ground (hereinafter referred to as “instant factory”) located in the area of the Gunsan MV1-PJ Mtiling construction project (hereinafter referred to as “instant construction project”) in the area of the construction cost, KRW 6,945,00,000 ( separate value-added tax), the construction period from April 22, 2011 to November 30, 2011 (hereinafter referred to as “instant contract”). On November 11, 2011, the Plaintiff changed the said construction period to KRW 8,698,000,000 (value-added tax) and the said construction period from April 21, 2011 to November 30, 2011 (hereinafter referred to as “instant construction project”).

The main contents of the instant contract and the modified contract are as follows.

[Written Contract of this case]

7. Contract bond: Banks, promissory notes or insurance policies guaranteeing performance corresponding to contract deposit.

8. Payment method: 1) Advance payment method: 20% of the contract amount; 3) balance after completion of the completion inspection: 10% of the contract amount; when the Plaintiff acknowledges that there is no possibility for the Plaintiff to perform the contract, as follows: (a) the Plaintiff may cancel the contract in whole or in part without A’s consent. In this case, the Plaintiff may pay and take over 80% of the amount assessed by the Plaintiff for the original works; and (b) A shall not remove the original structures without the Plaintiff’s approval; (c) the completion and delivery of the construction works are required by the Plaintiff, or the construction is suspended due to the Plaintiff’s circumstances.

Article 13 (Cancellation of Contracts and Deposit) Article III of the Terms and Conditions of Agreement

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