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(영문) 서울남부지방법원 2015.05.14 2013가단76370
추심금 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 25, 2013, the Defendants concluded a construction contract for construction works to be executed by the non-party company from May 2013 to September 30, 2013 (hereinafter “instant construction contract”). The Defendants concluded a construction contract for construction works to be executed by the non-party company (hereinafter “instant construction contract”).

B. The relevant provisions among the general conditions of the instant construction contract are as follows.

Article 17 (Non-conforming Construction Works) (1) of the General Conditions of the Construction Contract Act (hereinafter “Non-conforming Construction Works”) ① When there are parts inappropriate for the design documents during the construction works executed by the Plaintiff, the Defendants may request the correction thereof, and the Plaintiff shall comply without delay

(2) In the case of paragraph (1), when a construction work inappropriate for the design plan is due to a request or instruction of the Defendants or any other cause not attributable to the Plaintiff, the Plaintiff shall not be held liable.

Article 19 (Adjustment of Contract Amount Due to Modification of Design) (1) In cases where the contents of a design do not coincide with the condition of the construction site, or are unclear, omitted or erroneous, or unexpected circumstances arise in relation to construction, or where the installation of additional facilities is required due to a modification of the project plan, etc., the Defendants shall modify the design.

Article 26 (Disposal, etc. of Wastes) The plaintiff shall dispose of wastes generated at the construction site in accordance with the relevant statutes, and the defendants shall reflect the expenses incurred in disposing of the wastes in the contract amount.

Article 31 (Cancellation, etc. of Contracts) (1) The Defendants may cancel or terminate all or part of the contract in any of the following cases:

4. Where it is deemed that the purpose of the contract cannot be achieved due to the violation of the terms and conditions of the contract by the plaintiff, matters under Article 39 and other matters not stipulated in this contract may be determined by an agreement between the defendants and the plaintiff.

(b)design costs;

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