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(영문) 광주지방법원 2019.04.24 2018나60716 (1)

선급금반환

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff carried out a new business of constructing housing and commercial facilities of 50 stories on Sejong City C and D block (hereinafter “instant business”).

On September 8, 2015, the Plaintiff entered into a service contract for building E (hereinafter “instant service contract”) with the Defendant on September 1, 2015, using the service period of KRW 1,926,00,00 (including value-added tax) from September 1, 2015 to December 31, 2018.

The parts relating to this case in terms of the terms of the service contract and the general terms of the service contract, which form the content of the instant service contract, are as follows:

Article 8 (Suspension or Change of Services) of the General Conditions in the Service Contract (hereinafter “Orderer”) shall be replaced by “Plaintiff,” “contractor,” or “Defendant,” respectively.

1. If it is necessary for the modification of the relevant Acts or smooth performance of the service provided on a contract, the Plaintiff may suspend or alter the service period in whole or in part;

Article 9 (Payment of Price)

1. Amount of completion: In the event that the defendant completed the service and delivered the products as a result of the inspection under Article 16 and passed the inspection, the defendant may prepare the required documents in accordance with the procedures set by the plaintiff and claim the payment of the completion amount

4.It shall be the service performance amount by estimated quantities and shall be settled at the unit price specified in the contract after the determination of the shop design and all approval for the use thereof have been completed;

Article 12 (Cancellation, etc. of Contracts)

1. If the defendant falls under any of the following subparagraphs, the plaintiff may cancel or terminate this contract with a written notice given at least seven days prior to the date:

(1) Where the Defendant fails to commence a service without justifiable grounds after the lapse of at least seven days from the agreed commencement date, (2) fails to complete the entire service performed by the Defendant by the expiration date of the contract period, or fails to complete the service by the deadline of delivery and delivery on the fair service list, or waivers or waivers the service.