(영문) 광주지방법원장흥지원 2016.02.16 2015가합586

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(영문) 광주지방법원장흥지원 2016.02.16 2015가합586

채무부존재확인

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1. Of the instant lawsuits, 424,400,90 won and the interest rate of 6% per annum from December 20, 2013 to the date of full payment.

Reasons

1. Basic facts

A. On March 23, 2010, the Plaintiff and Nonparty C Co., Ltd. (hereinafter “C”) concluded a B service agreement (hereinafter “the instant construction agreement”) with the Defendant, with the term “B service agreement (hereinafter “the instant construction agreement”) on the basis of the joint supply and demand agreement (the share ratio of Plaintiff 70% and C 30% as the representative of the joint supply and demand agreement) and the contract price of KRW 2.597 billion (the first portion is KRW 1 billion), the contract deposit of KRW 519 billion, the contract period of KRW 500 million, and the contract period from March 23, 2010 to December 30, 2011 (the extension to December 30, 2013).

The details related to the cancellation, termination, and return of advance payments, etc. of a local government technical services contract included in the instant construction contract and general terms and conditions of a contract (Ⅱ) are as follows.

Local Government Technical Services Contracts and General Conditions

VII. Delay in performing a contract, and rescission and termination of a contract

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

(a) Where parties to contracts fall under any of the following subparagraphs, a contracting officer may cancel or terminate all or part of the relevant contracts:

(ii)the other party to the contract has failed to complete or is likely to complete the service by the due date due to a cause attributable to the other party to the contract (vii) or other terms and conditions of the contract are breached and the contract is deemed unable to achieve the purpose

(b) When a contracting officer cancels or terminates a contract under the provisions of item (a), he shall notify the other party to the contract of such fact;

Where a contract is rescinded or terminated pursuant to the provisions of item (a), if there is a unpaid balance of the advance payment received, the other party to the contract shall pay the balance to the ordering agency in addition to the agreement on the balance.

In such cases, a contracting officer may offset the amount to be repaid and the price for completed portion.

(Ⅱ) Article 2 of the Special Conditions for Contracts (II) (1) The public official in charge of contracts intends to pay advance payment.

유사 판례

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