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(영문) 의정부지방법원 2019.10.02 2019가합54979
기타(금전)
Text

1. The part concerning the claim for cancellation of contract among the lawsuit in this case shall be dismissed.

2. The defendant and the plaintiff 36,637,00 won.

Reasons

(b) a contract for basic construction works;

3. Date of commencement: Scheduled date of completion on June 4, 2018: 970,000,000 won (excluding value-added tax) on September 30, 2018.

6. Completion portion: The defendant may request the plaintiff to extend the construction period in writing, if the performance of construction is delayed due to reasons not attributable to the plaintiff, such as natural disasters or force majeure events, etc.

(2) Upon receipt of a request to extend the contract period under paragraph (1), the Plaintiff shall promptly investigate and verify such fact and take necessary measures, such as the extension of the contract period, so that the Corporation may appropriately implement the contract period.

(hereinafter referred to as "afford portion") Article 22 (1) (hereinafter referred to as "afford portion") (1) If the contract specifies the completed portion, the defendant may request an inspection of the completed portion pursuant thereto. In such cases, the plaintiff shall conduct an inspection without delay and notify the defendant of the result thereof, and if no notification is made within

(A) The plaintiff shall pay to the defendant the completed amount according to the inspected contents within 14 days from the date of completion of the inspection.

(4) Article 26 (3) shall apply mutatis mutandis where a plaintiff delays the payment of the completed portion under paragraph (3).

Article 31 (Cancellation, etc. of Contracts by Plaintiff) (1) In the case falling under any of the following subparagraphs, the Plaintiff may cancel or terminate all or part of the contract:

2. Where it is evident that the construction work is not likely to be completed within the completion date due to a reason attributable to the defendant.

4. In a case where it is deemed that the purpose of the contract can not be achieved due to the violation of the contract terms of the defendant.

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