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(영문) 대구지방법원 2016.05.26 2014가합8992
물품대금
Text

1. Defendant C Co., Ltd.:

A. From October 19, 2011, Plaintiff A 12,816,560 won and its related thereto:

B. The plaintiff B.

Reasons

1. Basic facts

A. On December 27, 2010, Defendant D and E entered into a construction contract with Defendant C Co., Ltd. (hereinafter “Defendant C”) on a condition that G works in Daegu Suwon-gu F (hereinafter “instant construction works”) are subcontracted to KRW 1.1 billion (including value-added tax) (hereinafter “instant contract”).

B. On March 21, 201, Defendant C entered into a construction subcontract agreement with Plaintiff B, with regard to the construction work of the instant construction work, including KRW 170,500,000 (value added tax) and the payment date for the construction work of the instant construction work as “10,000 won for the completed portion of the construction work” (hereinafter “subcontract agreement for the creative construction work”). On July 201, Defendant C entered into a contract for the construction work with Plaintiff A to settle the construction work price after the completion of construction work and further to subcontract the color construction work (hereinafter “subcontract agreement”).

C. As Defendant C failed to complete the instant construction by May 25, 201, the completion date of the instant construction before the completion date of the instant construction project under the instant contract, Defendant D, E, and Defendant C changed the completion date of the instant construction project to November 30, 201, around October 18, 2011.

(hereinafter “instant modified contract”). around October 20, 201, H, the representative director of Defendant C, prepared and delivered to Defendant D a written statement of performance of the contract as follows:

[Written Consent to Contract Implementation] He shall, no later than November 30, 201, complete the construction work contract concluded between C and the project owner (D) with his representative, and if the contract is not completed by the above deadline, the contract shall be automatically terminated without any separate notice.

If it is anticipated that the construction project will not be completed within the above period even before the above period, it is recognized that the contract is not performed entirely due to the principal's fault, and the contract will be concluded without any separate notice at the time expected.

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