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(영문) 부산지방법원 2015.11.19 2014가합45525
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 242,775,00 with full payment from November 20, 2015.

Reasons

(3) Where the contract’s purpose cannot be achieved due to the Plaintiff’s breach of other contract terms and conditions, the contract’s rescission or termination pursuant to the provisions of paragraph (1) becomes effective upon notifying the Plaintiff of the reasons.

Article 15 (Cancellation, etc. of Contracts by Plaintiff) In cases falling under any of the following subparagraphs, the Plaintiff may cancel or terminate all or part of the relevant contract:

① Where the contract amount has been reduced by the Defendant due to a change in the content of construction, ② where the period of suspension of construction exceeds 50/100 of the total period of construction due to a reason attributable to the Defendant’s liability, ③ where the Defendant is unable to appropriately perform the construction due to a failure to perform the terms of construction without justifiable grounds, the cancellation or termination of the contract pursuant to the provisions of paragraph (1) shall become effective by notifying the Defendant of the reason

Where a contract has been terminated under Articles 16 (Indemnification)* Where the contract has been terminated under Articles 14 and 15, the plaintiff and the defendant shall without delay settle the construction amount of the already completed part.

* If the loss has been caused by the rescission or termination of a contract in accordance with the provisions of Articles 14 and 15, the other party may be entitled to compensation for the loss.

Article 18 (Matters of Special Agreement) Other matters not provided for in the above-mentioned items of this Agreement may be agreed upon by the plaintiff and the defendant to make a separate special agreement as follows:

The details of the terms and conditions of the agreement to be attached / The name of the project: Daejeon (2F) & C (3F, 4F) and the location of the construction site of Daejeon (5F, 60): The construction period of KRW 3,960,00,00 (including additional tax) from June 10, 2014 to September 16, 2014: The advance payment is made before the Corporation.

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