(영문) 광주지방법원 2019.11.22 2018가합57983

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(영문) 광주지방법원 2019.11.22 2018가합57983

손해배상(기)

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 November 16, 2017, the Plaintiff and the Defendant drafted a construction contract (hereinafter “instant contract”) under which the Plaintiff received a contract from the Defendant for new construction works C (hereinafter “instant construction works”), and the main contents of the said contract are as follows.

Standard contract for private construction works;

1. Name of the construction project: New C;

2. The construction site: The area other than Pyeongtaek-gun, Gangwon-do.

3. Date of commencement: October 15, 2017.

4. Date of completion: August 30, 2018.

5. Contract amount: One hundred and twenty billion won worth (9,293,850,000-).

7. Advance Payment: Defendant contractor (A): Article 10 [Advanced Payment] of the General Conditions of the Contract for the Plaintiff’s Private Construction Works (hereinafter “A”) (1) “A” shall pay the advance payment to “B” as stipulated in the contract, and “B” shall submit a letter of guarantee issued by the guarantee agency referred to in the subparagraphs of Article 4(2) if “A” demands the submission of a letter of guarantee at the time of the advance payment.

(2) The advance payment under paragraph (1) shall be made within 14 days from the date on which the request for “B” is made.

Article 32 [Cancellation, etc. of Contract"] (1) "B" may cancel or terminate all or part of the contract in any of the following cases:

3. If it is obviously deemed impossible to properly perform the construction works because the “A” fails to comply with the terms and conditions of the contract without good cause, Article 39 [Matters of the special agreement] shall prevail over all the matters of the special agreement (all the relevant Acts and subordinate statutes, and general conditions of the contract

(1) The actual commencement date and completion date of construction shall be notified with the approval and permission, etc. of construction of the relevant government office, and the construction cost shall be determined by separate agreement between A and B after the payment method thereof is determined.

② After the completion of the construction project with the detailed drawings and specifications of the construction project, the agreement between “A” and “B” is reached and the additional contract is to be drafted.

1 This Agreement is an ordinary contract, and the hotel shall be 4.5 million won per square.

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