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(영문) 서울고등법원 2016.09.23 2016나6608

공사대금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1.Article 15 (Cancellation or Termination of Agreement) ① In the event of the occurrence of any of the following reasons, “A (the defendant; hereinafter the same shall apply)” may cancel or terminate this Agreement:

1. Above

4. (Omission)

5. Where any other similar cause occurs, such as the default on payment of "B (referring to the construction of elim; hereinafter the same shall apply)", bankruptcy, or the commencement of the enterprise of the court;

Above 6.

9. (Omission) (2) In the event of the occurrence of any of the following causes, “B” may cancel or terminate this Agreement:

1. Above

5.(Omission) (3) When a contract is terminated or terminated under paragraphs 1 and 2 of this Article, “A” shall settle the construction amount of “B” portion.

(5) When a contract is terminated or terminated pursuant to paragraph (1) of this Article, “B” shall waive the waiver of the construction work and the right of retention, approve the procedures for approving the change of the construction project plan under the Housing Act, and immediately transfer the construction site to a construction project designated by “A” or “A”, and shall submit a written waiver of the construction work and a written waiver of the right of retention when this contract is concluded to secure this.

Provided, That "A" shall settle the construction cost covered by "B" within three months from the date of the on-site file.

On August 22, 2011, the Si Forest Construction Co., Ltd. (hereinafter referred to as the "Do Forest Construction Co., Ltd.") entered into a contract for construction works for the construction of multi-family housing on the Seosan River Ballast A5 block site (hereinafter referred to as the "instant construction works") with the Defendant for a fixed construction period of KRW 105.44 billion (excluding value-added tax) and for a fixed construction period of KRW 15.5 million (excluding value-added tax) and for a period of 32 months from the date of commencement of the construction works, which are related to the instant construction works as follows:

(hereinafter “instant construction contract”). B.

On June 1, 2012, the friendly construction was decided to commence the rehabilitation procedure on June 11, 2012 by filing an application for commencing rehabilitation procedures with the Seoul Central District Court as 2012 Gohap91, and was decided to commence the rehabilitation procedure with the said court on June 11, 2012, and on November 29, 2012.

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