(영문) 수원지방법원 여주지원 2017.01.18 2016가합5343

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) 수원지방법원 여주지원 2017.01.18 2016가합5343

부당이득금

Text

1. The Defendant’s KRW 715,00,000 as well as 5% per annum from March 24, 2016 to January 18, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On April 19, 2012, the Plaintiff entered into a contract for a construction project with the Defendant to enter into each contract (hereinafter “instant contract”) stipulating the contract amount of KRW 14,300,000,000 (including value-added tax) and the construction period from April 20, 2012 to June 30, 2013 with respect to the construction of facilities for the automated factory storage (hereinafter “the instant construction project”). The Defendant paid KRW 2,860,000,000, which is 20% of the said contract amount as advance payment, as follows.

Article 31 [Cancellation, etc. of Contracts by the plaintiff] (1) In cases falling under any of the following subparagraphs, the plaintiff may cancel or terminate all or part of the contract:

1. Where the defendant fails to commence construction works even after the lapse of the agreed commencement date without any justifiable ground;

2. Where it is evident that the defendant has no possibility of completing the construction before the completion date due to any cause attributable to him.

3. Where the penalty for delay has reached the amount equivalent to the contract deposit under Article 27 (1), and it is judged impossible to complete the construction works even if the contract period has been extended.

4. Where it is deemed that the purpose of the contract can not be achieved due to the violation of the contract terms of the defendant, Article 32 (Cancellation, etc. of Contract by the defendant) (1) The defendant may cancel or terminate all or part of the contract in any of the following cases:

1. Where the contract price has decreased by not less than 40/100 of the contract price by modifying the contents of construction works;

2. When the period of suspension of construction due to any cause attributable to the plaintiff exceeds 50/100 of the construction period specified in the contract;

3. In a case where it is deemed clearly impossible for the plaintiff to appropriately perform the construction work due to the failure to perform the terms and conditions of the contract without justifiable grounds, Article 33 (Disposition at the time of termination of the contract] (1) When the contract is terminated under Articles 31 and 32, the plaintiff and the defendant shall immediately

유사 판례

-수원지방법원안산지원 2017.12.07 2016가합6252

-대구지방법원김천지원 2015.12.09 2015가단1792

-서울고등법원 2020.04.29 2018나2007656

-대전지방법원서산지원 2015.07.22 2014가단53426

-제주지방법원 2019.10.15 2017가단52568