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(영문) 광주지방법원 2015.04.02 2014가합61847
계약무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On May 19, 2014, the Plaintiff received a contract from the Defendant for the Disaster Risk Maintenance Corporation (hereinafter “instant construction”) in the Namnam-nam District (hereinafter “instant contract”) and the main contents are as follows.

Construction amount: 57,275,00 won contract bond: 8,591,250 won warranty bond rate of 5%, and 0.1% of the penalty for delay from May 23, 2014 to June 16, 2014 (25 days) during the warranty period of two years;

B. Upon the delay of the instant construction, the Defendant, on June 5, 2014, notified the Plaintiff that the process management should be thoroughly conducted, set up a measure for fair delivery until June 9, 2014. On June 11, 2014, the Defendant again notified the Plaintiff of the thorough promotion of process management, and reported the countermeasures and detailed implementation plans by June 12, 2014.

C. On June 13, 2014, the Defendant, on June 14, 2014, notified the Plaintiff that the instant contract is rescinded when the contract is not implemented due to the Plaintiff’s cause attributable to it.

On June 14, 2014, the Defendant rescinded the instant contract on the ground that there is no possibility of completing the instant construction by the deadline for completion ( June 16, 2014), despite the demand for fair management through several times, and simultaneously imposed a disposition on the Plaintiff to restrict the Plaintiff’s participation in bidding of unjust enterprisers (from June 17, 2014 to December 16, 2014), and the Plaintiff also forfeited KRW 8,591,250, the deposit paid by the Plaintiff.

E. On July 2, 2014, the Defendant deposited the instant construction work with Sejong Construction Co., Ltd., and on July 26, 2014, Sejong Construction Co., Ltd completed the instant construction work.

F. On August 18, 2014, the Defendant revoked ex officio a disposition to restrict the Plaintiff’s participation in bidding (from June 17, 2014 to December 16, 2014).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The plaintiff.

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