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(영문) 춘천지방법원원주지원 2013.09.12 2012가합1043
공사대금
Text

1. The part concerning the claim for the confirmation of existence of an obligation among the lawsuits in this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3.

Reasons

1. Basic facts

A. On April 12, 201, the Defendant issued a subcontract to the Plaintiff on April 12, 201, setting the construction cost for the temporary installation and reinforced concrete construction works (hereinafter “instant construction works”) of the 4th underground and 13th floor above the ground surface (hereinafter “instant building”) at the 703-8, Gangnam-gu, Seoul, Seoul (hereinafter “instant building”) as of December 30, 201, respectively, as of December 30, 201.

(hereinafter “instant subcontract”. Meanwhile, according to Paragraph (19)(13) of the Special Agreement attached to the instant subcontract, the said Agreement provides that “The contract is entered into at an ordinary unit price under the mutual agreement at the time of the contract, but does not raise any objection later.”

B. On November 28, 201, the Defendant notified the Plaintiff that the instant subcontract was terminated on the ground that there was a provisional seizure and seizure due to the Plaintiff’s delay of payment by the said date, that the completion of construction is impossible within the construction period, and that frequent causes for the suspension of construction occur.

The plaintiff is arguing that he is not responsible for the delay of the construction of this case due to the delay of the pre-public contract, but at that time, the subcontract of this case is terminated.

Meanwhile, the Plaintiff continued the instant construction and completed the construction from the fourth to the fourth floor above ground. The total floor area of the instant building on the fourth and third floor above the ground is about 5,522.88 square meters (around 1670 square meters) and the total floor area from the fourth to the fourth floor above the ground is about 1865.15 square meters ( around 564 square meters).

C. From September 9, 2011 to December 22, 2011, the Defendant paid a total of KRW 213,687,744 to the Defendant.

On December 8, 2011, the Defendant asserted that the Plaintiff incurred damages of KRW 147,272,727 as a result of the Plaintiff’s nonperformance of the instant subcontract, and that the Plaintiff was issued from the Seoul Guarantee Insurance Co., Ltd. with respect to the instant subcontract, and submitted the insurance policy.

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