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(영문) 서울동부지방법원 2018.11.23 2017가합109814
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Defendant entered into the instant subcontract on November 25, 2013, the Dobong-gu Seoul Metropolitan Government (hereinafter “Dobong-gu”) (hereinafter “Dobong-gu”).

B) On February 22, 2014, the contract amount of KRW 1,342,00,000 and the delivery period of KRW 1,342,00,000 were determined and entered into a contract for the integrated manufacture, purchase, and installation of the Dobong-gu CCTV in 2013 (hereinafter “instant contract”). (2) On the same day, the Defendant entered into a blanket subcontract (hereinafter “instant subcontract”) with the Plaintiff, while the Plaintiff’s performance of all the above contracts, the Plaintiff received 93% of the total construction cost received from Dobong-gu, and the Defendant would acquire the remainder of 7% (hereinafter “instant subcontract”).

Accordingly, the instant subcontract was written as the contract price of KRW 1,248,060,00 (=1,342,000,000 x 93%).

B. The Plaintiff’s delay of performance, termination of contract, etc. (1) delayed the delivery of the instant contract to the Plaintiff, and the Dobong-gu demanded the Defendant to send several official questions from February 13, 2014, and the Defendant sent them to the Plaintiff and urged the Defendant to complete prompt performance. (2) Nevertheless, the Plaintiff failed to comply with the scheduled date. On August 5, 2014, Dobong-gu notified the Defendant that “The instant contract will be terminated as of August 4, 2014 pursuant to Article 30-2 of the Act on Contracts to Which a Local Government Is a Party, and Article 7(3) of the General Conditions for Goods Contracts.”

3 Dobong-gu conducted an inspection of the goods supplied by the Plaintiff from September 18, 2014 to September 24, 2014.

Afterward, Dobong-gu included the contents of the instant contract, but not supplied until the termination of the contract, shall be treated as being supplied with goods equivalent to KRW 1,264,690,130, excluding the integrated operation management system and emergency labelling system.

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