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1. The lawsuit of an independent party intervenor shall be dismissed;
2. The Defendant’s KRW 1,673,511,976 for the Plaintiff and its related expenses on June 2014.
Reasons
1. Circumstances leading to the dispute of this case;
A. On May 27, 2009, A Co., Ltd. (hereinafter “A”) was awarded a contract with the Defendant for construction works (hereinafter “A”) excluding fire-fighting parts among the new construction works of F Buildings in Mine-gu E, Mine-gu.
(hereinafter referred to as “instant contract”). The main contents of the instant contract are as follows, and the contract amount for construction works performed by A out of the contract amount is KRW 23,245,60,000.
[2] A contracting officer: Contract price of G Co., Ltd.: Contract price of KRW 24,90,000 (including value-added tax): 2,655,440,000 (including value-added tax): The rate of liquidated damages for delay: the date of commencement of 1/1,000 of the contract price per one day of the number of delayed days: the date of completion of June 1, 2009: November 30, 2010 [General Conditions of the Contract for Construction] Article 5 (Transfer of Bonds): (1) The contracting officer shall not transfer bonds (right to claim the price of construction) arising under this contract for any purpose other than the purpose of the implementation of this project to a third party.
(2) Where the other party to a contract intends to transfer his/her claim, he/she shall obtain prior approval for the written approval of the ordering office with the consent of joint and several guarantors or issuing
Article 37 (Cancellation or Termination of Contracts) (1) Where a person subject to contracts falls under any of the following subparagraphs, a contracting officer may cancel or terminate all or part of the relevant contracts:
Provided, That in cases falling under subparagraph 3, cancellation or termination shall be made.
2. Where construction works are not completed or are unlikely to be completed due to any cause attributable to the other party to the contract;
3. Where the penalty for delay under Article 19 reaches the amount equivalent to the contract deposit of the relevant contract, and it is judged impossible to complete the construction works even though the contract period has been extended;
4. Executing normal construction works due to a default on payments, etc. of the other party;