beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On December 31, 2012, the Plaintiff: (a) concluded a contract for the toilet repair work of the Hong High School (hereinafter “instant construction work”) at the time of Suwon-si, for the term of the construction contract amounting to KRW 592,190,610; and (b) the term of the contract from December 31, 2012 to April 1, 2013.
The general terms of the contract for construction work include the following contents:
SECTION 8: Delay in performing the contract and rescission and termination of the contract
3. Cancellation or termination of a contract due to any reason attributable to the other party;
F. Where a contract is terminated pursuant to “A”, if there is a unpaid balance of the advance payment received, the other party to the contract shall pay the balance to the ordering agency in addition to the agreed amount.
G. In the case of “b”, a contracting officer shall offset the balance of the advance payment and the unpaid amount of the completed portion.
However, if there is no payment guarantee of subcontract consideration under the Framework Act on the Construction Industry and the Fair Transactions in Subcontracting Act and if it is required to directly pay subcontract consideration under Section 11, Section 2-A, it may be offset against the advance payment balance if there is the balance of the portion unpaid after payment of subcontract consideration.
Section 9: Inspection and Payment of Consideration
1. A prosecutor;
(b)The other party to the contract 1) If the other party to the contract wishes to receive all or any part of the cost prior to the completion of the completed portion, it shall be notified in writing to the contracting officer and shall undergo the necessary inspection. (ii) At the time of the payment of the cost pursuant to '4', it may be substituted by the confirmation of the supervisory protocol prepared by the construction supervisor.
4. Payment of consideration for sex;
(a)the counter-party to the contract may simultaneously submit to the contracting officer and the construction supervisor a request for the payment of the cost for the completed portion not later than the date of completion of the inspection of the "1-B-2" at least 30 days;
(b).