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(영문) 수원지방법원 2015.07.03 2014나28906
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. New Engineering Co., Ltd. (hereinafter “New Name Engineering Co., Ltd.”) entered into a contract with the Defendant to provide respective supervision services with respect to each of the same construction works as indicated in the following table (hereinafter “instant supervision contract,” and, when collectively named, “each of the instant supervision contracts”). On November 201, the Plaintiff acquired the said supervision contract from the Chang Name Korea Highway Corporation on May 19, 2008, 19, 910, 700 won on April 2, 11, 201, 201, 30,000,000,000 won on April 5, 2010, 201, 30,000,000 won on the date of the first contract for construction works, 30,000,000,000 won on April 15, 2010, 200, 30,000,000 Seoul Metropolitan Government No. 373, Jul. 1, 2016, 2013

B. The plaintiff's reason that the suspension period for performing his/her services for each of the above construction works exceeds 50/100 of the contract term, and the terms used in Article 3 (Definition of Terms and Conditions of Services) of the contract for the defendant's general terms and conditions [General Conditions of Services] are as follows.

1. The term “person ordering” means the president of the Korea Electric Power Corporation (hereinafter referred to as the “Corporation”) or a person delegated by him;

Article 24 (Act of God) (2) Loss in the following cases due to force majeure events referred to in paragraph (1) shall be borne by the ordering person:

1. The completed portion of an inspection pursuant to Article 20;

2. Part which is found to have been already carried out by objective data (such as supervising logs, photographs or video leaves, etc.) from among the portion which has not been inspected. Article 30 (Cancellation or Termination of Contract due to Changes in Circumstances) (3) Where the ordering person cancels or terminates the contract pursuant to the provisions of paragraph (1), he/she shall fall under any of the following subparagraphs:

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