(영문) 서울중앙지방법원 2019.05.23 2018가합562525

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(영문) 서울중앙지방법원 2019.05.23 2018가합562525

공사대금

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1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On February 27, 2013, the Plaintiff and six companies, Co., Ltd., and the Defendant’s subcontract, were awarded a contract with D Co., Ltd. for the new construction of “F” on the land outside Pyeongtaek-gun and two parcels of land.

As G Co., Ltd. withdraws from the contract, the contract was concluded on August 13, 2014. After that, the Defendant participated in the contract as the contractor, and on November 24, 2014, the contents of the contract were changed to “D Co., Ltd., the contractor, and six companies, including the contractor, construction cost of KRW 114,544,330,60, and the commencement date of the construction; April 21, 2014; the time limit for completion of the construction; 365 days from the commencement date of the construction; and the date of the commencement of the construction; and 791 days from the commencement date of the construction.

On January 5, 2015, the Defendant subcontracted to the Plaintiff the construction cost of KRW 3,550,000,000, and the construction period from January 5, 2015 to July 31, 2015 (hereinafter “instant subcontract”). The contents relating to the instant case in the said subcontract are as follows.

A construction subcontract agreement;

1. Construction name: F business;

2. Title of subcontracted construction: Construction of reinforced concrete;

3. Construction site: Gyeonggi-do E and two areas.

4. Period of construction: January 5, 2015, and July 31, 2015.

5. Contract amount: Tropical KRW 3,550,000,000 won (Woo 3,50,000); and

6. Payment of the price;

(a) Advance payment: None of the relevant matters;

(1) Method of payment: Article 1 (Basic Principles) (1) The principal contractor (the defendant; hereinafter referred to as "A") and the subcontractor (the plaintiff and the subcontractor (hereinafter referred to as "the plaintiff") shall cooperate on an equal footing and faithfully perform the contract in good faith.

Article 25 (Cancellation and Termination of Contracts A and B) (1) In cases falling under any of the following subparagraphs, A or B shall notify in writing a period of implementation of a vow (seven days) and if the contract is not implemented within the said period:

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