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(영문) 서울남부지방법원 2016.11.03 2015가합100502

공사대금

Text

1. The plaintiff's claim against the defendant is all dismissed.

2. Of the costs of lawsuit, the part resulting from the participation.

Reasons

1. Basic facts

A. 1) The Plaintiff and the Defendant Co., Ltd. (hereinafter “C”) are as follows:

(D) Co., Ltd. (hereinafter “D”)

(E) Co., Ltd. (hereinafter “E”);

Each of the instant construction works (hereinafter collectively referred to as “instant construction”) among the construction works contracted by the ordering company is specified as “C construction” for each ordering company.

(2) each of the instant subcontracts (hereinafter referred to as “each of the instant subcontracts”)

(2) On April 30, 2013, among the new construction works of the Pyeongtaek-si Logistics Center (including value-added tax) construction period (including the new construction works of Pyeongtaek-siF), the construction contract was concluded. Of the new construction works of the Korea Logistics Center (including Pyeongtaek-si), the construction contract was concluded on April 31, 2013; (3) the construction works of reinforced concrete, among the new construction works of the D's logistics center (newly located) construction works on October 31, 2013. < Amended by Presidential Decree No. 24447, Jul. 31, 2013; Presidential Decree No. 24477, Jul. 31, 2013; Presidential Decree No. 24675, Aug. 31, 2013; Presidential Decree No. 17005, Oct. 31, 2013; Presidential Decree No. 17008, Mar. 13, 2013>

hereinafter the same shall apply.

(A) A (Defendant) is a certificate of cash or surety insurance, etc., after completion inspection, of an amount calculated by multiplying the amount of the warranty bond by the contract price as set forth in the contract by the amount of the warranty bond;

hereinafter the same shall apply.

) Payment shall be made to the Corporation. Article 23 (Cancellation and Termination of Contract A; (1) In the event that the contract falls under any of the following subparagraphs, A may cancel or terminate all or part of the contract in question when the contract is not performed within a reasonable time after demanding in writing that the contract be performed within a reasonable time specified.

1. If it is deemed impossible to achieve the purpose of the contract in violation of the terms and conditions of the contract;

2. When it is impossible to complete the construction works due to the violation of the terms and conditions of the contract without justifiable grounds.