logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2020.07.01 2019나21759
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On December 2, 2011, the Defendant and D Co., Ltd. (hereinafter “D”) were awarded a contract for construction work of E apartment (hereinafter “instant apartment”) by the Korea Land and Housing Corporation on December 2, 201, by organizing a joint supply and demand organization, without distinguishing between the decision to commence rehabilitation procedures and the decision to commence rehabilitation procedures and the decision to commence bankruptcy on January 18, 2017.

B. On June 1, 2012, the Plaintiff was awarded a subcontract for a reinforced concrete construction project among the instant apartment construction projects by Defendant and D (hereinafter “instant construction project”) with the construction cost of KRW 3,492,700,000 (including value-added tax) and the construction period from June 1, 2012 to November 18, 2013.

(hereinafter “instant subcontract”). Among the general and special terms and conditions of the instant subcontract (hereinafter “instant general terms and conditions”), the contents relating to the instant case are as follows:

The principal contractor (A): The defendant and D subcontractor (B): Article 9 (On-Site Agent) (1) of the General Conditions for the plaintiff shall have a field agent and notify A in advance.

(2) Except where it is possible to place an on-site agent at two sites pursuant to Acts, he/she shall reside at the construction site and handle all matters on his/her behalf.

Article 14 (Change or Suspension of Construction Work) (1) Where a person who places an order deems it necessary or changes the details of construction work at the request of the person who places an order or temporarily suspends the whole or part of the construction work, A shall deliver in advance a written contract for change or

Article 25 (Cancellation and Termination of Contract) (1) In cases falling under any of the following subparagraphs, A or B may cancel or terminate all or part of the relevant contract when a contract is not performed within the said period after giving written notice for a specified period of 30 days after the execution of the contract is set in writing:

1. A or B violates the terms and conditions of the contract;

arrow