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(영문) 춘천지방법원영월지원 2015.09.24 2015가합16
공사대금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs constituted a joint supply and demand organization (99% of the shares in the Plaintiff’s Seoul Construction Project, and 1% of the shares in the Plaintiff’s Cheongbaek Basic Construction Project), and were determined as a successful bidder by participating in the public notice of the bid “the purchase of government shares in the construction of a new public performance center for the Empic, Empic and Cultural Performance Center” held by the Public

B. Accordingly, on September 27, 2013, between the Plaintiffs and the contract officer of the Gangwon-gu Local Government Procurement Service entered into a contract for the installation of a government-funded construction center for the exhibition and cultural performance of Mariang (hereinafter “instant contract”). The major contents of the instant contract and the general terms and conditions of the goods contract attached thereto (hereinafter “general conditions”) are as follows.

The order office: The contract officer of the Gangseo-gu Local Government Procurement Service: The name of the other party to the contract for the procurement commodities: The contract amount of the heat pumps contract amount of KRW 327,721,00: the delivery period of KRW 327,721,00: the end-user institution on May 20, 2015: The defendant's payment method: Delay of performing the contract under Section 7 of the General Conditions for the Contract for Goods

4. Rescission or termination of a contract due to changes in circumstances;

(a) In addition to the cases of the subparagraphs of “3-A”, the agency awarding the contract may cancel or terminate the contract when the inevitable circumstances of the agency awarding the contract objectively evident.

(b) Where an ordering authority cancels or terminates a contract pursuant to “A”, it must pay to the other party to the contract within 14 days from the date of cancellation or termination of the following amounts:

In such cases, the contract bond under Section 4 (1) shall be returned simultaneously.

(i)the amount not paid out of the amount paid for the completed portion and supplied portion of "3-D" in Section 8 (2) the cost of collecting the human resources, materials and equipment of the other party to the contract input prior to the date of cancellation or termination of the contract for the completion of the manufacture of the entire goods;

C. On June 9, 2014, the Defendant was difficult for the Plaintiffs to proceed with construction due to the deterioration of rocks, and therefore, Section 7 of the general conditions attached to the instant contract.

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