(영문) 광주지방법원목포지원 2020.04.22 2019가단52578

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원목포지원 2020.04.22 2019가단52578

손해배상(기)

Text

1. The Defendant’s KRW 20,458,384 as well as 5% per annum from October 12, 2018 to April 22, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. On June 8, 2018, the Plaintiff entered into a contract with the Defendant to carry out “B responsible supervision services” (hereinafter “instant service contract”) with the service payment of KRW 129,074,60, and the service performance period from June 15, 2018 to April 10, 2019.

B. The instant service contract included the criteria for bid and execution of contracts by local governments (wholly amended by the Ministry of Government Administration and Home Affairs No. 67, Oct. 4, 2016), and the main parts related to the instant case in Chapter XIV service contract terms and conditions (hereinafter “the instant service contract terms and conditions”) are as follows.

The delay of execution of contracts and the cancellation and termination of contracts by local governments under Chapter 14 of the General Terms and Conditions of Contracts for Tender and Execution of Contracts

3. Rescission or termination due to any cause attributable to the other party to the contract;

(a) In any of the following cases, a ground for cancellation or termination of a contract shall arise due to any reason attributable to the other party to the contract:

(each subparagraph omitted)

(c) When a contracting officer cancels or terminates a contract pursuant to “A”, he/she shall notify the other party to the contract of such fact;

4. Rescission or termination of a contract due to changes in circumstances;

(a) In the case of any of the subparagraphs of “3-A”, the agency awarding the contract may cancel or terminate the contract when the inevitable circumstances of the agency awarding the contract objectively evident.

(b) “3-C” shall apply mutatis mutandis to the cancellation or termination of a contract pursuant to “A”.

(c) Where an ordering authority cancels or terminates a contract pursuant to “A”, it must pay to the other party to the contract within 14 days from the date of cancellation or termination of the following amounts:

In such cases, the contract bond under Section 4 (1) shall be returned simultaneously.

(i) the amount not paid out of the amount paid for the portion of implementation falling under Section 8 (b)(i) and (ii) of the contract for the completion of the entire service; and (ii) the human resources and materials of the other party to the contract input prior to the date of cancellation or termination of the contract;

유사 판례

-의정부지방법원 2019.11.15 2018가합56596

-춘천지방법원영월지원 2015.09.24 2015가합16

-서울중앙지방법원 2013.03.22 2012가합3512

-서울중앙지방법원 2018.04.06 2016가합544998

-광주지방법원장흥지원 2016.02.16 2015가합586