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(영문) 수원지방법원성남지원 2016.01.29 2014가합208282
채무부존재확인
Text

1. The Plaintiff’s obligation under the standard subcontract agreement for construction works dated January 22, 2013 to the Defendant is KRW 248,005,560.

Reasons

1. Basic facts

A. On December 15, 2012, Orari Korea Co., Ltd. (hereinafter “Oriri Korea”) concluded a contract for construction works between the Defendant and the Defendant with respect to all construction works (hereinafter “original construction”) with respect to the construction period from December 26, 2012 to June 18, 2014, with the exception of the portion ordered separately by Oriri Korea from the part ordered by Oriri Korea among the new construction works on the land B and the six lots of land (hereinafter “original construction”) on December 15, 2012.

B. On January 22, 2013, the Plaintiff entered into a contract for construction works between the Plaintiff and the Defendant (hereinafter “instant construction”) with respect to machinery and equipment works among the Defendant and the original construction works (hereinafter “instant construction”).

As to the construction cost (including value-added tax), the construction contract was concluded with the Defendant during the construction period from January 22, 2013 to May 28, 2014. (2) The Plaintiff participated in the electronic bidding of the instant construction project and entered into the instant construction contract with the Defendant after being selected as the successful bidder. The Defendant’s Electronic Procurement System is accompanied by the construction contract, the standard subcontract agreement, and the subcontract agreement (hereinafter “the instant special condition”).

Among them, the contents relating to the instant case shall be as follows:

Article 25 (Cancellation and Termination of Contract) (1) The prime contractor (hereinafter referred to as “A”) or the subcontractor (hereinafter referred to as “B”) may cancel or terminate the whole or part of the contract in question, if the contract is not performed within the said period after demanding the execution of the contract in writing, fixing a reasonable period, in any of the following cases:

1. Where it is deemed that A or B cannot achieve the purpose of the contract in violation of the terms and conditions of the contract;

2. Where it is clearly recognized that construction work cannot be completed in the air due to any cause attributable to the company, such as dishonoring and bankruptcy, etc.

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