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(영문) 의정부지방법원 2016.11.09 2014가합137
선급금반환채무부존재확인
Text

1. On May 16, 2012, the Plaintiff entered into with the Defendant on May 16, 2012 for a construction contract for a project to create a national leisure camp for the Hancheon River.

Reasons

1. Basic facts

A. On May 16, 2012, the Plaintiff entered into a contract for construction works and the progress of construction works (i.e., the construction works of the instant construction works) with the Defendant for the construction works of the Hancheon-do National Leisure Campping Zone (hereinafter “instant construction works”).

As to the construction cost (2,252,214,30 won, period of construction from May 21, 2012 to November 16, 2012 (180 days in air) and contract for construction works (hereinafter “instant construction contract”).

(2) On May 1, 2012, the Defendant notified the Plaintiff of the suspension of construction work (hereinafter “the first suspension of construction work”) from July 13, 2012 on the grounds of the delay in administrative procedures, such as permission for collecting earth and rocks, etc., and the first suspension of construction work (hereinafter “the first suspension of construction”), and the instant construction work was suspended for 91 days until October 11, 2012, and resumed.

3) From December 13, 2012 to December 13, 2012, the Defendant, on the ground of the wintering season, discontinued construction again (hereinafter “the second discontinuance of construction”).

(2) On December 28, 2012, the Plaintiff and the Defendant notified the instant construction cost of KRW 2,280,000,000 with respect to the instant construction work, and the contract for the alteration extended on February 15, 2013 with the construction period of KRW 2,280,00,000 (hereinafter “the first amendment contract”).

(B) A modified contract which reduces the construction amount to KRW 1,385,700,000 on April 17, 2013 (hereinafter referred to as “the second modified contract”).

(2) Around April 25, 2013, the construction period was extended to July 2, 2013 (hereinafter “the third amendment contract”).

(4) The instant construction was suspended for 137 days until April 28, 2013, and resumed. The Defendant again notified the suspension of construction work from May 20, 2013 (hereinafter “third suspension of construction”).

B. On August 26, 2013, the Plaintiff’s termination of the construction contract under Article 8 of the General Conditions of Construction Contract for Local Government Bidding and Contract Execution Standard.

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