beta
(영문) 서울중앙지방법원 2014.08.27 2014가합4540

공사계약해지무효

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On August 19, 2013, the Plaintiff entered into a contract with the Defendant for the construction of the Kimpo Airport Equipment Storage (hereinafter “instant construction”) with the term of 649,549,220 won, the contract price of which is KRW 97,432,390, and the construction period of which is 110 days from August 22, 2013 to December 9, 2013.

(hereinafter referred to as the “instant contract”). The main contents of the general terms and conditions of the instant contract for construction are as follows.

(3) When the other party to a contract requests that the other party to a contract pay the securities or the contract deposit paid in cash under Article 37 (2) 2 of the Enforcement Decree by means of a letter of guarantee, etc. under Article 37 (2) 1 through 5 of the Enforcement Decree due to special reasons, a contracting officer may have the other party pay the contract deposit in excess of the same value.

Article 8 (Disposition of Contract Bond) (1) If the other party to a contract fails to fulfill any contractual obligation without justifiable grounds, the contract bond shall revert to the Corporation.

Article 26 (Extension of Contract Period) (1) Where a cause falling under any subparagraph of Article 25 (3) occurs within the contract period, the other party to the contract shall immediately apply for the extension of contract period to the contracting officer and the construction supervisor in writing, along with the revised process table for Article 17 (1) 2 before the contract period expires.

Provided, That where the grounds for extension have occurred within the contract period and the contract period expires after the expiration of the contract period, the application for extension of the contract period shall be immediately filed.

(2) When a contracting officer receives an application for extension of contract period under the provisions of paragraph (1), he shall investigate and confirm such fact immediately and take necessary measures, such as extension of contract period so that the construction work may be appropriately

Article 44 (Cancellation or Termination of Contracts due to Reasons for which Contracting Parties are Responsible) (1) A contracting officer shall be as follows: