(영문) 인천지방법원부천지원 2015.01.23 2014가합1910

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(영문) 인천지방법원부천지원 2015.01.23 2014가합1910

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 7, 2012, the Plaintiff and the Defendant concluded a construction contract (hereinafter “instant construction contract”) under which the Plaintiff concluded a contract with the Defendant for each of the construction cost of KRW 1.3775 billion for the construction work, and the construction period from December 7, 2012 to February 28, 2014 for each of the construction works (hereinafter “instant construction contract”).

6. Payment of the price;

(a) Advance payment: No one; and

(b) Endd portion: [1] Claim once a month / [2]: Article 5 of the Special Agreement Concerning Contracts within 10 days (in cash 80% of bills and notes 20%) as of the date of payment after the inspection of the completed portion at the end of two months.

2. If Party B (Defendant; hereinafter the same shall apply) waives the construction in the middle of the middle of the middle of the middle of the middle of the middle of the middle of the contract, the contract may be terminated at will of Party A (Plaintiff; hereinafter the same shall apply), and Party B shall compensate Party A for 10% of the total contract amount.

B. Of the contents of the instant construction contract, the parts related to the instant case are as follows.

C. The Defendant continued the instant construction project under the instant construction contract, and suspended the construction from September 1, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, purport of the whole pleadings

2. The assertion and judgment

A. The Defendant unilaterally renounced the instant construction by unilaterally suspending the instant construction from around September 1, 2013 without any justifiable reason. As such, pursuant to Article 5(2) of the Clause of the instant construction contract, the Defendant is obligated to pay the Plaintiff KRW 137 million out of the total contract amount of KRW 10,000,000,000 (137,000,000) as compensation for nonperformance of obligation pursuant to Article 5(2) of the Clause of the instant construction contract. (2) The Defendant continued construction until August 31, 2013 pursuant to the instant construction contract, and the Defendant demanded the Plaintiff to pay the payment of the construction amount in accordance with the content of the instant construction contract, but the Plaintiff only paid KRW 40,00,000 (40,000) around that time.

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