logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.08.24 2017가합579465
계약보증금 등 청구
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) Plaintiffs and Nam Young Construction Co., Ltd. (hereinafter “Nam Young Construction”) Co., Ltd. (hereinafter “Seoul Young Construction”)

The joint supply and demand organization (hereinafter referred to as the “joint supply and demand organization of this case”) shall be the joint supply and demand organization (hereinafter referred to as the “joint supply and demand organization of this case”) with the share ratio of 50% in the Southern Construction, 30%

(2) After forming a construction project, the Plaintiffs and the Southern Construction Co., Ltd. were awarded a contract with the Korea Highway Corporation on August 5, 2015 (hereinafter referred to as the “Japan”) and the construction project consisting of earth and sand and reinforced concrete (hereinafter referred to as the “instant construction project”).

(3) On November 2016, 2016, the remaining construction entered into a contract with the Plaintiff at KRW 4,510,000 for construction cost (including value added tax). The Plaintiffs succeeded to the shares of the remaining construction and changed the shares of the Plaintiff Hyundai Industries into KRW 60% and KRW 40%.

The Plaintiffs entered into a contract by which the subcontractors of the Il Young Construction and the subcontract as described in the above paragraph (2) were to be changed from the Nam Young Construction and the Plaintiffs to the “Plaintiffs” (hereinafter collectively referred to as the “instant subcontract”) on November 15, 2016, together with the subcontract and the modified contract as described in the above paragraphs (2) and (3).

(4) On January 21, 2017, the instant subcontract contract concluded an amendment agreement to increase the construction cost of KRW 34,000,000 (including value-added tax) with the Plaintiffs, and on March 9, 2017, respectively, to reduce the construction cost of KRW 25,000,000.

5) Provisions relating to the terms and conditions of the instant subcontract (main sentence) and the grounds for cancellation or termination among the terms and conditions of a special agreement are as follows. Article 38 (Cancellation or Termination of Contract) of the terms and conditions of the instant subcontract (1) of the said contract may be terminated or terminated in writing if any of the following causes occurs:

3. A principal contractor or a principal contractor.

arrow