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(영문) 인천지방법원 2015.05.29 2012가합18393
공사대금 등
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1. The Defendant: (a) KRW 2,158,021,113 to Switzerland Construction Co., Ltd.; and (b) from November 15, 2012 to May 29, 2015.

Reasons

1. Basic facts

A. On or around December 2010, the Defendant entered into the instant contract (i) the Yeonsu-gu Incheon Metropolitan City 191-4 RC2 block (hereinafter “instant land”).

2) The apartment complex of Songdo five Section 5 is to be constructed in the instant apartment complex (hereinafter “instant apartment complex”).

2) Construction work (hereinafter “instant construction work”)

2) On October 13, 201, the Plaintiffs concluded a contract for construction works (including value-added tax) between the Defendant and the period of construction work from November 6, 201 to September 30, 2014, with respect to the instant construction works, with a joint supply and demand organization (hereinafter “instant joint supply and demand organization”) organized a joint supply and demand organization to jointly implement the instant construction works, and participated in the said bidding, and was selected as eligible person for working plans on March 21, 2011.

Article 45 (Cancellation or Termination of Contract due to Changes in Circumstances) (1) In addition to cases falling under each subparagraph of Article 44 (1), when the unavoidable circumstances of an agency awarding an order have occurred objectively, the agency awarding an order may cancel or terminate the contract.

(3) Where an ordering agency cancels or terminates a contract pursuant to paragraph (1), it shall pay the amount falling under each of the following subparagraphs to the counter-party to the contract within 14 days from the date on which the performance of the subparagraphs of Article 44 (3)

In such cases, the contract bond under Article 7 shall be returned simultaneously.

1. An amount not paid out of the price for the portion of execution falling under Article 32 (2) 1 and 2;

2. Article 47 (Temporary Suspension of Construction Works) (1) In any of the following cases, the construction supervisor may suspend the performance of all or some of the construction works, in whole or in part:

In such cases, the other party to the contract shall exercise the duty of due care as a good manager during the suspension period.

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