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(영문) 서울북부지방법원 2018.09.13 2016가합26062
공사원가분담금
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1. The Plaintiff:

A. Defendant Promotion Enterprise Co., Ltd.: 272,492,586 won and its related amount from December 1, 2016 to September 13, 2018

Reasons

1. Basic facts

A. The Korea Land and Housing Corporation (hereinafter referred to as the “LH”) held a bid on the “C construction work” (hereinafter referred to as the “instant construction work”), which is part of the project for the military base relocation facilities in Korea implemented at Pyeongtaek-si B around December 2012.

B. D Co., Ltd., the promotion company of the Defendant, the Defendant Co., Ltd., and the Defendant Co., Ltd., Ltd., (hereinafter referred to as “Co., Ltd.,” in its name omitted) constituted a joint supply and demand organization with the representative of D as a joint supply and demand organization (hereinafter referred to as “joint supply and demand organization of this case”) and participated

C. On February 27, 2014, LH entered into a contract for construction works (hereinafter “instant contract”) with the said joint contractor, setting the total contract amount of the instant construction works as KRW 85,214,027,00,00, contract deposit of KRW 34,085,610,80, and the construction period from February 27, 2014 to January 9, 2016.

The part relating to the instant case in the instant contract is as follows.

Article 44 of the General Conditions of the Construction Contract (Cancellation or Termination of a contract due to a cause attributable to the contracting party) (1) LH may cancel or terminate the whole or part of the relevant contract, if the contracting party falls under any of the following subparagraphs:

2. Where construction works are not completed or are unlikely to be completed by the deadline for completion due to reasons attributable to the other party to the contract;

7. Where the contract terms are violated and the objective of the contract is deemed impossible to be achieved due to such violation.

(3) The counter-party to a contract in receipt of the notification under paragraph (2) shall comply with the following:

1. The construction work shall be immediately suspended and all construction materials, appliances, etc. shall be removed from the construction site;

4. LH.

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