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(영문) 서울중앙지방법원 2017.02.02 2014가단182085
동산인도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 7, 2013, Defendant A awarded a contract for a new construction project (hereinafter “instant construction”) to a non-party Jeju Construction Co., Ltd. (hereinafter “instant construction”) on the ground of the Seoul Gangnam-gu and C, and the main content of the said contract is as follows.

- the date of commencement: The scheduled date of completion on May 7, 2013: May 7, 2014 (seven months after the commencement of a framed) and Article 31 of the General Conditions of the Standard Contract for Use Approval and the Standard Contract for Use Approval (the name of the defendant A) may be cancelled or terminated in any of the following cases:

2. Where it is evident that there is no possibility to complete construction works within the completed date due to the causes attributable to Section B (referring to the current construction).

3. Where the penalty for delay has reached the amount equivalent to the contract deposit under Article 27 (1), and it is judged impossible to complete the construction works even if the contract period has been extended.

4. Other cases where it is deemed impossible to achieve the purpose of the contract due to the violation of the terms and conditions of the contract B.

(3) B shall, upon receipt of the notice of cancellation or termination of the contract pursuant to paragraph (2), perform the following matters:

1. The construction work shall be suspended without delay and all facilities and equipment for the construction work shall be removed from the construction site;

2. To return the remainder of materials for payment pursuant to the provisions of Article 12 and the lent materials to Party A.

B. On August 1, 2013, Jeju Construction Co., Ltd. (hereinafter “instant structural construction”) with respect to the structural construction from August 1, 2013 to January 31, 2014, the construction period of the instant structural construction (hereinafter “instant structural construction”) was extended from August 1, 2013 to April 30, 2014.

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