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(영문) 서울고등법원 2015.08.21 2014나2048376

양수금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On May 28, 2013, the Defendant entered into a subcontract between the Defendant and A (hereinafter referred to as “A”) with respect to the contract amount of reinforced concrete construction works (hereinafter referred to as “instant construction works”) at the new site of B Training Institute (hereinafter referred to as “A”), and the construction period shall be KRW 1,853,500,000 (including value-added tax) and the subcontract period shall be from May 29, 2013 to August 31, 2013 (hereinafter referred to as “instant subcontract”). The construction period shall be extended to April 28, 2014 by entering into a modified contract on three occasions. The main contents of the said contract are as follows.

Standard subcontract agreement for construction works (basic)

2. Name of subcontracted construction work: reinforced concrete construction work;

4. Period of construction: Amount of construction on August 31, 2013, the date of commencement on May 29, 2013: KRW 1,853,50,000 (including value-added tax).

8. Contract bond: 185,350,000 won; and

9. The rate of liquidated damages: 0.1% of the contract amount per day; 11. - The deposit rate of the defect warranty and the defect warranty period - the amount of 3% of the defect warranty bond and the amount of 5,605,000 won under the special terms and conditions of the subcontract of the amount of 5,605,000 won (Defect security) ② In case where A fails to submit the defect warranty bond, the defendant may deduct

Article 15 (Direct Payment of Contract Amount) (2) In cases where the progress of normal construction works has been interrupted due to the occurrence of a situation, etc. or where the damage to the defendant has occurred due to delayed payment of labor costs, material costs, equipment costs, and other expenses, the defendant may directly pay the amount for the completed portion to be paid to A after notifying A in writing, and in cases where the amount for the delayed payment to A exceeds the amount for the completed portion to be paid, the contract may be terminated and cancelled pursuant to Article 18

Article 18 (Cancellation and Termination of Contracts) The defendant may cancel or terminate all or part of this Contract even in cases falling under any of the following subparagraphs:

1. In the case of sub-subcontracts without the approval of the defendant, and the claims and obligations of this contract to a third party.