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(영문) 부산지방법원 2018.11.14 2017나59857
구상금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, given that it is identical to the reasons for the judgment of the court of first instance, except for the parts that are dismissed or added by the court of first instance, the same is acceptable in accordance with the main sentence of

2. The following shall be added to the fourth 8 pages of the judgment of the court of first instance, which is dismissed or added:

An advance shall be settled at each time the price for the completed portion is paid by the following formula: (In the case of a monthly distinction), the adjusted amount of advance payment = Prepaid amount 】 contract amount ± contract amount ± Article 35 (Termination and Rescission of Contract):

1. “A” or “A” may be immediately rescinded or terminated by the other party in whole or in part of this Agreement and incidental agreements, if any of the following events occurs or is likely to arise:

(3) Where there exists a request from a third party for the commencement of compulsory execution by means of provisional seizure, provisional disposition, seizure, auction or other methods with respect to important property, and an application for the commencement of compulsory execution by such provisional seizure, provisional disposition, seizure or other methods has not been rejected, dismissed, revoked or withdrawn within thirty days thereafter

2. “A” or “A” may be discharged and terminated in writing for a considerable period of time if any of the following events occurs, and in the event that the performance is notified in writing, and if the performance is not made within that period, the entire of this contract and its incidental agreements may be discharged and terminated:

(1) The term "B" is as follows, where it is deemed difficult to supply the object of a contract within the term of the contract because it refuses or delays the manufacture of the object of a contract without any special reason, and the delivery of the object of a contract is deemed to be difficult during the term of the contract.

On June 8, 2015, the Plaintiff’s Intervenor (Plaintiff’s Intervenor) had considerable difficulties in the progress of construction due to the delay in the payment period, provisional seizure against claims, and delay in settlement to re-subcontracts, etc. of the Plaintiff’s Intervenor (Defendant C). The Plaintiff’s Intervenor is in the process of construction work mutually smooth from April 2015 to the present.

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