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(영문) 서울동부지방법원 2018.05.04 2017가단121862
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 26, 2016, the Plaintiff entered into a subcontract for construction works (hereinafter “instant contract”) with the Defendant with regard to “Tan Forest Industry A-site Sales Facility AL Changho and Goll Construction” at the construction period from September 26, 2016 to March 2017; the contract amount of KRW 632,50,000; and the contract amount of KRW 0.1% of the contract amount every one day after delay at the rate of compensation for delay; Article 8 (Termination of the instant contract) of the terms and conditions of the contract violates this contract; the Plaintiff did not take measures within 30 days after the Defendant demanded in writing that the continuation of the contract is considerably difficult (subparagraph 4); Article 9 (Method of Settlement Following Termination) of the terms and conditions of the contract shall be deemed one of the grounds for cancellation of the contract; when the contract is terminated or terminated pursuant to Article 8, the Plaintiff and the Defendant without delay and without delay inform the other party of the terms and conditions of the contract and the contract amount shall be deemed as the contract amount (in the agreement).

(2) The provisions of subsection (2) are specified.

B. On April 13, 2017, the Defendant: (a) on the ground that the Plaintiff did not complete the substantial part of the construction work; (b) on April 3, 2017, there were defects in the part part of the construction work; (c) on the part of the wall of sales facility, the occurrence of a explosive defect in the explosive structure of the rooftop steel structure; (d) on the construction period delayed (e.g., the preparation of countermeasures against the project site and other equipment loss; (e., the relationship with the construction company and settlement agreement; and (e) the response deadline was set on April 10, 2017, stating that the Plaintiff submitted a detailed statement of settlement; (e) again, on April 13, 2017, the Plaintiff did not give any specific reply; and (e) on the part of the wall of sales facility, the process submitted by the Plaintiff on the part of the construction site.

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