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(영문) 청주지방법원 2014.08.21 2013가합2945
공사대금 및 손해배상
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) the full amount of KRW 268,067,528 and its payment from May 23, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of premise;

A. The Defendant was awarded a contract for construction work on the substitution of national highways in Cheongju-si.

B. The Defendant entered into each of the instant construction contracts with the Plaintiff, and the D Structure Corporation (the construction amount: KRW 701,80,000 (including value-added tax; hereinafter the same shall apply) on July 8, 2010.

() The construction period: With respect to the construction of the E structure (construction amount: KRW 761,20,000, construction period: KRW 761,200,000, and construction period: From February 28, 2011 to December 31, 2014; hereinafter referred to as the “E Corporation”; hereinafter referred to as “each of the instant construction works” in total as “D and E”) on July 8, 2010 to December 31, 201; each subcontract was entered into with respect to the construction of the structure (construction amount: KRW 761,20,000,000; KRW 761,20,000; and KRW 0.1%, respectively.

C. After the conclusion of each modified contract, the Plaintiff and the Defendant concluded a modified contract with the content that the construction amount of the Dwork portion shall be KRW 622,050,000, and the construction amount of the E Work portion shall be KRW 801,350,000 (hereinafter “the first modified contract”). On August 10, 2012, the Plaintiff and the Defendant concluded a modified contract with the content that the construction amount of the D Work portion shall be KRW 638,50,000, and the construction amount of the E Work portion shall be KRW 902,50,000 (hereinafter “the second modified contract”).

1) On November 5, 2012, the Defendant notified the Plaintiff that each of the instant construction contracts should be terminated on the ground that the Plaintiff failed to resume construction works despite the Plaintiff’s demand to resume construction works several times, and that the normal progress of each of the instant construction works was not achieved. 2) When Article 25(1), (2), and (4) of the construction contract of each of the instant construction works violates the terms and conditions of the contract, and it is clearly recognized that the Defendant is unable to achieve the purpose of the contract in violation of the terms and conditions of the contract, or that the construction works cannot be completed within the construction period due to the Plaintiff’s fault, the period of commencement agreed by

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