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(영문) 광주고등법원(전주) 2017.07.06 2016나10808
공사대금
Text

1. Of the parts concerning the counterclaim against the judgment of the court of first instance, the following amounts shall exceed the amount ordered to be paid:

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. 1) The joint supply and demand organization composed of the Defendant, Sambu General Construction, Geumdo Construction, Geumdo Construction, and Lee Tech Construction, a joint supply and demand organization composed of the Defendant, Samsan-si Construction, a representative of the Defendant, as the representative of the Defendant, is the establishment project of the Korea Environment Corporation on December 24, 2013 (hereinafter “original contract construction project of this case”).

(2) On May 30, 2014, the Defendant concluded a contract with the Plaintiff on May 30, 2014, setting the construction period of civil engineering and reinforced concrete construction (hereinafter “instant construction”) from May 30, 2014 to June 4, 2015, with the contract amount of KRW 1,114,30,000 (including additional tax) as the representative of the said joint supply and demand contractors.

(hereinafter “instant subcontract”). The terms and conditions of the instant subcontract incorporated into the instant subcontract are as follows:

Article 14 (Change or Suspension of Construction Work) (1) A (referring to the defendant) shall deliver in advance a modified contract, etc. (referring to the plaintiff) where the contents of construction work are modified or added at the request of the project owner or his design change, etc. or where the temporary suspension of the whole or part of construction work is made.

Article 25 (Cancellation and Termination of Contracts) (1) In cases falling under any of the following subparagraphs, A or B may cancel or terminate all or part of the relevant contract when the contract is not performed within the said period after demanding the performance of the contract in writing, fixing a reasonable period:

6. Where the period of suspension of construction works under Article 14 (1) exceeds 50/100 of the total period of construction works.

B. Around June 2014, the Defendant paid 128,100,000 won to the Plaintiff as advance payment for the construction work under the instant subcontract. (2) The Plaintiff is dissatisfied with this Opinion.

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