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(영문) 서울고등법원 2021.01.13 2017나2075812

공사대금 등

Text

The judgment of the first instance, including the claims added by the plaintiffs in this Court, is modified as follows.

(a)..

Reasons

1. The reasoning for this part of the facts by the court is as follows, and the attached Form 1 of the judgment of the court of first instance is changed to attached to the judgment. Thus, the reasoning for the judgment of the court of first instance is as stated in Paragraph 1 of the same Article, and this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 4 and 5 of the judgment of the court of first instance on the 5th page “the instant project site” is “the instant project site” (hereinafter “instant project site”).

In the instant project site, part of the state-owned and public land is included in the project site, but the area is within the same time, and as follows, it is referred to as “the instant project site” without distinguishing the state-owned and public land from the project site of this case, and the remaining land except this.

Under the 5th judgment of the court of first instance, the part on the “instant construction contract” in the 4th sentence is as follows: “The instant construction contract” is “the instant construction contract,” and the construction work under the instant construction contract is “the instant construction work.”

The 6th judgment of the first instance court is as follows. The 6th judgment of the first instance is as follows.

3) The provisions pertaining to the instant case in the general terms and conditions of the contract and special terms and conditions of the contract incorporated into the instant construction contract (hereinafter “the general terms and conditions of the contract,” and “special terms and conditions of the contract”) are as shown in attached Table 1.

" August 30, 2012" in the first instance judgment No. 6, 7 of the first instance judgment, "No. 30, 2012," shall be " August 31, 2012."

2. Determination as to the termination or cancellation of the instant construction contract

A. A. The summary of the parties’ assertion 1) The Defendant did not pay the Plaintiffs’ flag payment despite the Plaintiffs’ request for the payment of flag payment, and was notified by the Defendant’s Intervenor of the rescission of the instant agreement and the instant contract for the sale of a site for the business of this case around April 2013.

This falls under Article 41 (1) (3) of the General Terms and Conditions of Contracts, “Where the Defendant is clearly deemed unable to conduct business due to his/her failure to perform the contractual terms without good cause.”

The plaintiffs are on March 12, 2018.