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(영문) 대전지방법원 2017.05.25 2015나100349
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

Basic Facts

On December 26, 2011, the Daejeon Metropolitan City Dong Office of Education (hereinafter referred to as the “Defendant”) under the Defendant’s control, without distinguishing the Defendant from the Dong Office of Education (hereinafter referred to as the “Dong Office of Education”), concluded a construction contract for the extension of meal rooms and other construction works (hereinafter referred to as the “instant construction works”) with respect to the Daejeon Hodong Elementary School (hereinafter referred to as the “Ti General Construction”) on the construction cost as of December 26, 201.

At the time of the instant construction contract, the Defendant and Tao General Construction agreed to confirm that the terms and conditions of the contract are part of this contract, the local contract laws and regulations, the criteria for tendering by local governments and the execution of contracts, the statement of bid for the construction works, the statement of special consideration for tender for the construction works, the statement of subscription to the tender, the statement of special consideration for the construction contract, the design and site descriptions, the general conditions for the construction contract, the special conditions for the construction contract, the integrity contract special conditions, the statement of joint supply and demand agreement, the statement of particulars of calculation (including subcontract matters) and attached electronic terms and conditions to fulfill the contractual obligations in good faith and sincerity.

SECTION 8: Delay of Performance of Contracts and Cancellation and Termination of Contracts

3. Cancellation or termination of a contract due to any cause attributable to the other party;

(a) In any of the following cases, the other party to a contract shall become a ground for termination or cancellation of the contract due to any cause attributable to the other party:

(f) Where the contract is rescinded or terminated under the provisions of “A”, the other party to the contract shall reimburse the balance in addition to the agreed interest rate if there is a unpaid balance on the advance payment received.

(g)in the case of “F”, the contracting officer shall offset the balance of the advance payment and the unpaid amount of the completed portion.

Provided, That the Framework Act on the Construction Industry and.

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