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(영문) 의정부지방법원 2018.10.26 2018가합51348
계약금반환
Text

1. As to KRW 386,00,000 among the Plaintiff and KRW 193,00,000 among them, the Defendant shall start from July 25, 2017 to March 12, 2018.

Reasons

1. Article 3 (Period of Construction Works) (1) The period of preparation for construction work means the period of authorization and permission for commencement of construction work after a construction contract.

(2) The total construction period shall mean the period of authorization and permission and the total construction period, and the total construction period shall be ten months from the date of a contract.

Provided, That it shall be extended to the number of days of occurrence of inevitable causes, such as delay in authorization and permission (permission for development activities).

(Provided, however, within 30 days). Article 8 (Non-performance of Contracts and Compensation for Damages) ① When either the plaintiff or the defendant has failed to perform this Agreement, the other party shall be notified in writing and the contract may be rescinded.

2. In the above case, the defaulted party shall pay damages equivalent to 10% of the construction price to the other party.

(3) Where a project is suspended due to force majeure events, both parties agree to implement with other land under the same conditions as this Agreement.

Article 17 (Loss by Force Majeure) Force Majeure means natural disaster, war, riot, civil war, repeal and repeal of Acts and subordinate statutes, order and disposition by governmental authority, delay in deliberation and permission (limited within the last one month), abnormal weather conditions and other force majeure causes equivalent thereto, and where any event of delay or impossibility of performance in whole or in part of this contract has occurred, the defendant shall not be liable therefor, and when delay of performance has occurred, the plaintiff and the defendant may establish and implement alternative rules through prior consultation.

Article 21 (Cancellation of Contracts by Plaintiff) (1) In the case falling under any of the following subparagraphs, the Plaintiff may cancel or terminate all or part of the relevant contract:

1. Where the defendant fails to commence his/her business despite the lapse of the stipulated construction date without justifiable grounds;

2. If it is obviously deemed impossible to complete in the air due to any cause attributable to the defendant;

3. When the defendant is deemed unable to achieve the purpose of the contract in violation of the terms of the contract. (2) The plaintiff intends to cancel or terminate the contract pursuant to paragraph (1).

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