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Reasons
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(영문) 서울고등법원 2016.04.07 2015나4353
공사대금
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1. The judgment of the court of first instance is modified as follows.

Defendant’s KRW 2,791,605,164 and its weight, 11,673,511.

Reasons

1. Basic facts

A. 1) Co., Ltd. A (hereinafter “A”) (hereinafter “A”)

) On May 27, 2009, the construction work among the construction work for the F building on the land in Gwangju Mine-gu, Gwangju (hereinafter referred to as the “construction work”) is referred to as the “construction work,” and the “new building” is referred to as the “building construction work.”

(i) the contract under which the contract is awarded (hereinafter referred to as “the contract”) is called the “instant contract.”

A contract officer: The contract amount of G contract: 24,90,000,000 won (including value-added tax): 2,655,440,000 won: the contract amount for delay: the date of commencement of 1/1,000 of the contract amount on June 1, 2009: June 1, 2009: the date of completion of the contract: (1) Article 5 (General Conditions of the contract for the Construction) (1) shall not transfer the bonds created under this contract for any purpose other than the purpose of the implementation of this project to a third party. (2) Where the contracting officer intends to transfer the claims, he/she may obtain prior approval of the written office of the contract office of the joint guarantor or the issuing agency, with the consent of the joint guarantor or the issuing agency:

Provided, That in cases falling under subparagraph 3, cancellation or termination shall be made.

2. Where construction works are not completed or are unlikely to be completed by the deadline for completion due to reasons attributable to the other party to the contract;

3. Where the penalty for delay under Article 19 reaches the amount equivalent to the contract deposit of the relevant contract, and it is judged impossible to complete the construction works even if its contract period has been extended;

4. The main contents of the instant contract are as follows, where it is deemed that there is no possibility for the contractor to perform normal construction works due to a default, etc. on the contractor:

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