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(영문) 대전지방법원 2014.12.09 2014나103952
전부금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On December 28, 2005, the Defendant entered into a contract with the Yellow River Industry Co., Ltd. (hereinafter “Yang River Industry”), setting the contract term from December 28, 2005 to December 31, 2009, for a period of four years, and entered into a contract with the Young-si, Asan-si, Asan-si, Sinsan-si, Mansan-si 6 Section Gansan-si.

(hereinafter “instant dredging contract”). The main contents of the instant dredging contract are as follows.

A: Defendant B: Article 21 (Facilities Restoration Deposit) of the Yellow Industry B must deposit in cash or submit a surety insurance policy equivalent to the amount in cash to the bank account designated by Party A at the same time with the contract of KRW 840,000,000, which is 30% of the total down payment with the facility restoration deposit.

Article 22 (Period for Restoration and Removal of Facilities) (1) A shall begin with respect to the restoration and removal of facilities 60 days before the expiration date of the contract, and complete the restoration and removal in its original state on the expiration date of the contract.

(2) Even in cases where a cause for failure to perform a contract even though prescribed in Article 15 occurs, Eul shall restore the facilities to its original state.

(3) Notwithstanding the provisions of paragraphs (1) and (2), where a facility restoration and removal is not performed, Article 20 of the above contract is referred to as Article 20, but Article 20 of the above contract is not related to the placement of the on-site supervisor, and there is no relation to the security deposit for facility restoration, which appears to be a clerical error as referred to in Article 21.

It shall be treated as the deposit prescribed by the Council.

Article 23 (Deposit and Period for Removal of Equipment) (1) Eul shall pay 60,000,000 won as security for removal of equipment at the same time as this contract is executed, and shall pay 60,000 won as security for removal of equipment in cash to guarantee this.

(2) B shall complete the removal of equipment out of ASEAN by the date of completion.

(3) Where a cause for failure to perform the mid-term contract prescribed in Article 15 occurs and a cause for cancellation of the contract and for cancellation of the contract prescribed in Article 26 occurs, B shall immediately remove the equipment outside of the ASEAN.

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