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(영문) 서울중앙지방법원 2019.06.19 2017가합566162
공사대금
Text

1. The Defendant’s KRW 51,800,000 and the Plaintiff’s annual rate of KRW 6% from January 1, 2017 to June 19, 2019.

Reasons

1. Basic facts

A. The plaintiff of the construction contract between the plaintiff and the defendant was awarded a subcontract for the construction work as indicated below by the defendant as a bridge construction company specializing in a bridge.

On January 1, 2013-3-20, the period of completion of subcontracted construction works for the original contract is 12013-3-20. The Korea Highway Corporation (hereinafter referred to as the “Korea Highway Corporation”) shall be referred to as “net construction works.”

PNP panel and large-scale construction works 2014-6-30 2014-4-16 "Sasan Regional Land Management Office D Corporation" (hereinafter referred to as "PP Corporation 2").

E Corporation 3 2018-8-31 3 2015-3-23 Bobts and Pibya Government F Corporation (hereinafter referred to as “net 3,4 Corporation”). Construction and dismantling of a temporary bridge 2018-831 42015-5-18 “this bridge 2018-8-29”

B. Serial 1 Corporation extended the construction period several times as indicated below and changed the contract price. The Plaintiff suspended construction work from March 20, 2013 to December 31, 2015 without extending the construction period of KRW 7,128,00,000 from September 27, 2013 to September 20, 2015 on the ground of the construction period as of the date of the change to the contract. From March 20, 2013 to December 31, 2015, the Plaintiff suspended the construction work on August 31, 2015 without extending the construction period of KRW 8,074,978,354 on December 20, 2015.

3 On October 6, 2016, the Defendant notified the Plaintiff of the termination of the contract for the following reasons with respect to Nos. 1 work.

- On July 29, 2016, the Defendant requested the Plaintiff to conclude a modified contract for the extension of the subcontract period, because the Plaintiff’s task was not completed within the work period.

- The plaintiff is unable to enter into an amendment contract until now on the grounds of internal circumstances, such as aggravation of financial standing, etc., and after July 31, 2016, it has completely suspended the input of construction works and has caused enormous hindrance to the construction work on the site.

-the defendant shall urge several times to perform the contract, such as the conclusion of immediate modified contract and the intervention in construction works.

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