beta
(영문) 서울중앙지방법원 2019.09.04 2018가합522428

기타(금전)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 2015, the Defendant publicly announced the “D Facility Construction” (hereinafter “instant Construction”) that newly constructs “C” in the Seocho-gu, Jingu, Changwon-si, Seoul (hereinafter “C”), and was selected as the contractor by bidding by the Plaintiff.

B. On December 16, 2015, the Plaintiff entered into a construction contract with the Defendant for the construction work of the instant case with the total amount of KRW 8,477,081,230 as to the instant construction work, and the term of the contract from December 16, 2015 to September 15, 2017, respectively (hereinafter “instant contract”).

The instant construction was conducted upon entering into a contract by multiple types of vehicles.

(2) The Plaintiff and the Defendant concluded the instant contract and included the general terms and conditions of the construction contract in the terms and conditions, among which the parts relating to the instant case are as follows.

Article 39 (Payment of Price in Kind) (2) The public official in charge of contracts shall determine the price in advance according to the inspected details and pay it to the other party to the contract within five days from the date the inspection is completed.

Provided, That where the other party to a contract requests the payment of the price after the inspection is completed, it shall be paid within five days from the date of receipt of such request.

Article 44 (Cancellation and Termination of Contract due to Reasons attributable to Party to Contract) (1) Where a party to a contract falls under any of the following subparagraphs, a contracting officer may cancel or terminate all or part of the relevant contract:

(Omission)

2. Where construction works are not completed or are deemed unlikely to be completed by the deadline for completion due to a cause attributable to parties to the contract.

6. Where the contractor fails to submit or supplement the execution plan under Article 47-3 or fails to implement it as the plan without any justifiable ground.