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(영문) 광주고등법원 2018.08.08 2017나15941
공사대금 청구 등
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Article 1 (Methods for Calculation of Amount of Construction Execution and Contract) (5) The Defendant may terminate the contract immediately when the progress of construction is under way due to the Plaintiff’s waiver of construction or delay in construction, and the Plaintiff shall have all civil and criminal responsibilities.

Equipment brought into a construction site shall belong to the defendant, and the defendant shall deliver surplus products after the completion of the construction to the plaintiff.

In addition, with respect to the completed construction and the subsequent construction cost, the Defendant calculated the amount of losses incurred due to the Plaintiff’s waiver of construction and delay of construction, and the construction cost shall be settled and paid to the Plaintiff when the remaining amount is paid to the Plaintiff after settlement

Provided, That the construction cost shall not be paid for the part voluntarily constructed without the consent of the defendant and the ordering office, and all responsibilities for the voluntary construction shall be borne by the plaintiff.

Around September 17, 2015, the Defendant subcontracted to the Plaintiff the instant subcontracting project (hereinafter referred to as the “instant subcontracting project”) for the period of KRW 3.685 million (including value-added tax) of the agreed construction cost, and for the period from September 17, 2015 to May 31, 2016. Article 1(5) of the instant subcontracting project agreement provides that the termination of the instant subcontracting contract shall be as follows:

B. The Defendant paid to the Plaintiff KRW 70 million on October 23, 2015, and KRW 5 million on November 16, 2015, respectively, as advance payment for the instant subcontracted project.

C. On January 6, 2016 and on January 22, 2016, the Defendant sent to the Plaintiff, stating that the process of the subcontracted project of this case is being delayed, and urged prompt progress of the subcontracted project. At that time, each of the above official text reached the Plaintiff.

On February 12, 2016, the Defendant rendered a large number of civil petitions due to the delay in payment of construction expenses, delay in the supply of materials, delay in the process, etc. to the Plaintiff, and Article 1(5) of the Subcontract Contract.

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