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(영문) 대구지방법원 2017.09.08 2015가합1370
공사대금등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. A. Around April 17, 2010, the Plaintiff entered into a subcontract and modified contract between the Plaintiff and the Defendant (1) with the Defendant, and the Plaintiff entered into a contract with the Defendant to supply sewage to the soil works among the Daegu Urban Railroad Section B (hereinafter “instant construction works”).

(hereinafter “instant contract”). A written subcontract agreement for construction works

1. The name of the original contract owner: Construction works for urban railroad B sections (base sections);

2. The instant construction works: Daegu Urban Railroad Bridges, earth and sand (2).

4. Period: April 17, 2010 for the commencement and completion of construction: June 29, 2014 (51).

5. Contract amount: Article 24 of the General Terms and Conditions of the Construction Contract (Cancellation or Termination of Contract by the contractor) (1) A person who awards a contract may cancel or terminate all or part of the contract concerned if a cause falling under any of the following subparagraphs occurs:

2. Where the contractor fails to complete the construction by the completion date or it is deemed unlikely to complete the construction by the completion date due to a cause attributable to the contractor;

6. Other terms and conditions of the contract are violated and if it is deemed that the purpose of the contract cannot be achieved due to such violation, the contract amount shall be adjusted by increase or decrease in quantity of the contract, and the contract amount shall not be adjusted without any change in the contract amount. 3) After ascertaining detailed details in accordance with the current status and drawings presented at the time of site site site descriptions, a tender shall be prepared after ascertaining the detailed details, and the cost incurred by omission in quantity, etc. may not be requested to “A (contractor)” and may be reflected only in the portion

4) In principle, the unit price at the time of the occurrence of the additional quantity shall be based on the term contract unit price, and the unit price for the new item shall be adjusted in consultation between “A” and “B (contractor)” on the contract design standards for “A” and shall be applied to the subcontract bid rate. 7) “B” shall be submitted at the time of contract or during construction, and approved.

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