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(영문) 전주지방법원 2016.08.23 2015가단10792

구상금등

Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: 111,145,010 won and its related thereto from November 20, 2014 to November 29, 2014.

Reasons

1. Facts of recognition;

A. On May 12, 2014, Non-Party Korea Highway Corporation (hereinafter “Non-Party Korea Highway Corporation”) entered into a construction contract with Defendant Company A (hereinafter “Defendant Company”) for construction work with the term “C installation cost” from May 12, 2014 to November 10 of the same year (hereinafter “the instant construction contract”). Article 44(1) of the General Conditions of the instant construction contract violates the “other terms and conditions” and “where it is deemed that it is impossible or unlikely to complete the construction work by the due date due to any cause attributable to the contracting party” and the contract’s purpose cannot be achieved due to the breach of those terms and conditions (subparagraph. 8), the Plaintiff may claim the return of the deposit amount from Non-Party 1 to the date of termination of the contract, and the Plaintiff may claim the return of the deposit amount from Non-Party 1 to the date of termination of the contract under the above provision of Article 80 of the Rules on Contract for Construction Work.

C. Meanwhile, the Defendant Company on June 27, 2014