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(영문) 춘천지방법원 2015.08.19 2014가합284
공사대금
Text

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 28, 2012, the Defendant entered into a contract with the Korea Land Corporation (hereinafter referred to as the “LH Corporation”) under which, on the ground of the instant land, a multi-household house with the size of five stories (1,146.4 square meters in total floor area) above the ground (hereinafter “instant house”) is to be newly built to supply the instant house to LH Corporation. On March 3, 2013 for the construction of the instant house, the Defendant entered into a contract with the Plaintiff on August 31, 2013 under which the contract amount is KRW 1,030,000,000 and the completion date of the construction of the instant house as the contract period for the construction of the instant house (hereinafter “instant contract”).

B. From April 10, 2013, the Plaintiff started the construction of the instant house (hereinafter “instant construction”) from around April 10, 2013, and the construction of the instant house was suspended on or around April 30, 2013 while entering into a subcontract for a part of the construction work to various companies during the construction process, while entering into a construction project, with the wall columns of the first floor and the second floor floor studs.

(C) The part of the construction project performed by the Plaintiff until the instant construction project was discontinued (hereinafter “the part of the instant construction project”).

The Defendant requested the Plaintiff to resume construction on several occasions, but the Plaintiff did not resume construction, and on August 8, 2013, the Defendant sent to the Plaintiff a document stating that “The instant construction was suspended due to the Plaintiff’s financial standing, and the construction has not been resumed until now, so the instant contract was rescinded, and the instant land was restored to its original state.”

LH Corporation shall be a corporation on July 10, 2013 and the same year.

8. On September 19, 2011, the Defendant urged the Defendant to continue the instant construction and supply the instant construction to take place. Nevertheless, on September 4, 2013, the Defendant notified the Defendant of the termination of the supply contract with regard to the instant housing on the ground that the instant construction was suspended for a long time.

[Ground of recognition] dispute.

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