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(영문) 부산지방법원 2014.08.21 2013가합11112

공사대금

Text

1. Ulsan Metropolitan City Jung-gu Office's order to implement a project for the improvement of a 'academic disaster risk district' which the plaintiff received as a contract.

Reasons

1. Basic facts

A. (1) The Plaintiff entered into the instant subcontract (1) under a contract with the Jung-gu Seoul Metropolitan Government Office (hereinafter “Jong-gu Office”) for the “project for the improvement of the drainage route of the school disaster risk district,” and on April 26, 2012, the Plaintiff entered into the said subcontract from April 26, 2012 to the Defendant for the contract price of the “construction works and appurtenant works, packing works, drainage works, water supply and drainage works (hereinafter “instant subcontracted works”) of KRW 825 million (the supply price of KRW 750 million, value-added tax KRW 75 million, value-added tax KRW 75 million), and the construction period from April 26, 2012 to the Defendant.

6. As of the end of 30, a subcontract was awarded (hereinafter “instant subcontract”), and the Plaintiff and the Defendant extended the construction period by August 2, 2012, on June 30, 2012.

(2) Meanwhile, the Plaintiff, the Defendant, and the Jung-gu Office agreed to receive the subcontract price directly from the Jung-gu Office, the ordering person.

B. The Plaintiff’s notice of termination of the instant subcontract (1) : (a) the Defendant’s suspension of the instant subcontracted project; and (b) the Plaintiff, around June 1, 2013, ordered the Defendant not to put in the Defendant’s equipment, human resources, materials, etc., as the Plaintiff directly performed the instant subcontracted project from July 1, 2013.

(2) On July 13, 2012, the Plaintiff: (a) required the Defendant to thoroughly formulate and implement a “site agent and site manager’s work order; (b) however, the failure to perform the work order; (c) caused delay in the construction period; and (d) there is concern that delay in the construction was caused by delay from the contracting authority; and (d) there is concern that delay in the construction due to delay from the contracting authority is likely to occur; (e) the failure to allocate traffic signals to the scattering of roads adjacent to the construction site at the time of construction; (b) the occurrence of neighboring civil petitions due to the failure to perform the construction works; and (c) the installation of safety facilities within the construction site without installing the safety facilities.