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(영문) 서울동부지방법원 2018.09.21 2016가단142244
채무부존재확인
Text

1. As to the subcontract agreement between the plaintiff and the defendant on the attached list, the lower-level contract against the plaintiff.

Reasons

1. Basic facts

A. On May 2, 2016, the Plaintiff entered into the instant contract with the Defendant on May 2, 2016, setting the expected completion date of the entire new construction works, the contract amount of KRW 1,171,819,00, and the contract amount of the contract deposit as stated in the attached Table, with respect to stone construction among the new construction works of C office buildings (such as external, inner, heavy, and trick construction) as 10%.

1) Article 38 of the main text of the instant contract (Article 38 (2) of the rescission of the contract) (3. Where the subcontractor fails to commence the construction even after the period for commencement agreed without any cause attributable to the principal contractor

4. Where the subcontractor refuses the commencement of construction without any cause attributable to the principal contractor or delays construction and thus it is objectively deemed difficult to deliver the object of construction within the delivery date;

5. Article 12(8) of the text of the instant contract provides that the principal contractor may rescind or terminate all or part of the instant contract where the subcontractor is deemed to be unable to perform the contract in full due to a significant lack of personnel, equipment, and quality control capacity of the subcontractor, and where the cause attributable to the subcontractor is recognized, etc., the principal contractor may rescind or terminate all or part of the instant contract. Where the principal contractor cancels or terminates the whole or part of the contract under Article 38(1) and 2, the principal contractor may claim to the guarantor for payment of the amount equivalent to losses caused by the rescission or termination of the contract, and where the subcontractor has paid cash, the amount equivalent to losses shall revert to the principal contractor.

Provided, That this shall not apply where a principal contractor fails to pay a payment guarantee for a subcontract under paragraph (1) or (2) to a subcontractor.

"" is defined as ".

2 In order to guarantee the performance of the contract of this case, the plaintiff is the defendant, the insured, the insurance amount of 117,181.

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