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(영문) 서울고등법원 2018.05.18 2017나2055726
공사대금
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for this Court’s explanation concerning the instant case is as follows, and the Plaintiff’s argument is identical to the written judgment of the first instance except for adding a judgment on the allegations made in the trial. As such, this Court’s reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 11, Part 3 "A" is deemed to have been interrupted.

The constructor and his/her general successor who have been subject to the disposition of business suspension or cancellation under Article 14(1), (2) and (6) of the Framework Act on the Construction Industry (Continued Works after receiving the disposition of business suspension, etc.) (1) 82, 82-2 or 83 of the Framework Act on the Construction Industry and Article 14(1), (2) and (6) may continue to execute construction works, the construction work of which has been commenced with permission, authorization, etc. under related Acts and subordinate statutes before being subjected to such disposition.

The same shall also apply where construction business registration is cancelled as a result of a report on business closure under Article 20-2.

(2) A constructor or his/her general successor who has been subject to a disposition of suspension of business or of cancellation of registration under Article 82, 82-2 or 83 shall, without delay, notify the ordering person of the relevant construction works of the details of the disposition and where a constructor is a subcontractor, he/she shall notify the ordering person

The same shall also apply where construction business registration is cancelled as a result of a report on business closure under Article 20-2.

(6) Where a contractor receives notification referred to in paragraph (2) from a subcontractor, he/she may terminate the subcontract within 30 days from the date he/she receives such notification or becomes aware of such disposition (where a contractor receives a request for cancellation of the subcontract pursuant to paragraph (5), the date he/she receives such request) except in extenuating circumstances.

According to this, where a subcontractor's registration of construction business is cancelled, the contractor of construction works may terminate the subcontract within 30 days from the date he/she becomes aware of the cancellation, etc. of the registration.

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