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(영문) 부산지방법원 2019.02.20 2017가합49214

손해배상(건)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

A. On May 26, 2017, the Plaintiff entered into a remodeling construction contract with the Defendant and Busan Dong-gu Kadong-gu C (hereinafter “the instant cartel”) for the remodeling cartel (hereinafter “the instant construction contract”). The main contents are as follows.

Standard contract for private construction works (revision)

1. Name of official: Works to remodel DoMoel;

2. The construction place: Busan Dong-gu C

3. Date of commencement: The date scheduled for completion on May 26, 2017: 83,100,000 won: The contract amount on September 26, 2017: 914,100,000 won: 831,00,000 won: 83,100,000 won.

6. Contract bond: 5% of the contract amount; and

7. Prepaid gold: Matters discussed.

8. Weather gold: Matters discussed.

9. Balance: Article 10 (Advance Payment) (1) of the General Conditions of the Standard Contract for Private Construction Works subject to Consultation shall be paid to the defendant in accordance with the terms and conditions set forth in the contract, and where the plaintiff requests the submission of a letter of guarantee at the time of payment, the defendant shall submit a certificate of guarantee issued by the guarantee agency under each subparagraph of Article 4 (2

(2) The advance payment under paragraph (1) shall be made within 14 days after the defendant's request is received.

Provided, That this shall not apply where payment is impossible due to inevitable reasons, such as financial standing, and the defendant is notified in writing.

(3) The defendant shall not use the advance for other purposes than the purpose of the contract, and shall use it in preference to the payment of wages and the securing of materials.

Article 17 (Non-conforming Construction Works) (1) When there are parts inappropriate for design documents during the construction works executed by the defendant, the plaintiff may request correction thereof, and the defendant shall comply with such request without delay.

(2) In cases falling under paragraph (1), when construction works inappropriate for the design plan are requested or instructed by the plaintiff or for reasons not attributable to the defendant, the defendant shall not be liable for such reasons.

Article 31 (Cancellation of Contracts by Plaintiff, etc.) (1) The Plaintiff is as follows.