logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원안양지원 2016.04.22 2015가단7099
공사대금
Text

1. The Defendant’s KRW 45,00,000 as well as 5% per annum from March 14, 2015 to April 22, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On October 28, 2014, the Plaintiff entered into a contract with the Defendant for a construction project in Ansan-gu C (hereinafter “instant construction project”) with the content that the contract shall be awarded in KRW 380,000,000 for the construction cost, and the main contents thereof are as follows.

First advance payment of KRW 50,000 (not value-added tax): From November 10, 2014 to March 9, 2015: 150,000: The second advance payment of KRW 50,000 after the commencement of civil works: The third advance payment of KRW 50,000,000 after the commencement of the finishing work and the third advance payment of KRW 50,000: The ordering person (hereinafter referred to as “A”) and the contractor (hereinafter referred to as “contractor”) shall mutually cooperate on an equal footing and faithfully implement the contract in accordance with good faith.

Article 24 (Cancellation of Contract A) (1) In the case falling under any of the following subparagraphs, Party A shall cancel or terminate in whole or in part the contract concerned:

(c) Where Eul fails to commence construction even after the lapse of the period for commencement agreed upon without justifiable grounds;

2. Where it is clearly deemed that construction work cannot be completed in the air due to any cause attributable to the B; and

3. If it is deemed that Eul is a sublime to achieve the purpose of the contract in violation of the terms of the contract in violation of the contract, Article 25 (Cancellation of Contract) (1) In case that Eul falls under any of the following subparagraphs, the whole or part of the contract concerned may be cancelled or terminated:

1. Where Party A has reduced the contract amount by at least 40/100 by modifying the contents of construction works;

2. Where the period of suspension of construction under Article 15 (1) exceeds 50/100 of the total construction period;

3. Where it is impossible for A to complete the construction work due to the violation of the terms and conditions of the contract without justifiable grounds.

B. On October 28, 2014, the Plaintiff paid KRW 45,000,00 to the Defendant under the instant construction contract, and on October 15, 2014, the Plaintiff paid KRW 45,000 to the Defendant.

arrow