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(영문) 대구고등법원 2015.12.17 2015나1179
공사대금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff regarding the order to pay below shall be revoked.

The defendants are the defendants.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged in full view of the entries in Gap evidence Nos. 1, 2, 19, and Eul evidence Nos. 1, 2, 3, 6, and 7 (including the whole number; hereinafter the same shall apply) and the whole purport of the pleadings:

On February 6, 2013, the Plaintiff entered into a contract with the Defendants to supply and demand a new housing unit C (hereinafter “instant housing unit”) from the Defendants during the construction period (hereinafter “instant construction”) and KRW 3,283,00,000 for the construction cost, KRW 298,000 for the additional tax of KRW 298,000,000 for the supply cost of KRW 298,000 for the waste disposal cost of KRW 298,000 for the construction period, and KRW 5,000 for the first construction period from March 5, 2013 to January 30, 2014 (hereinafter “the first contract”). The Plaintiff carried out the construction work (hereinafter “the first contract”).

B. On February 21, 2014, the Defendants expressed their intent to terminate the initial contract with the Plaintiff on the ground that “the Plaintiff has suspended the instant construction work on four occasions, and has suspended the construction work on February 6, 2014 and has not been implemented.”

C. On April 14, 2014, the Plaintiff entered into a contract for modification of the construction contract (hereinafter “amended contract”) with respect to the instant construction project with the Defendants to reduce the construction cost of KRW 2,612,50,000 (the value of KRW 2,500,000 plus KRW 112,50,000), and to extend the construction period by October 15, 2014, the Plaintiff entered into a contract for modification of the construction contract (hereinafter “amended contract”) with the Defendants that “if the Plaintiff fails to submit the contract with the Defendants and the performance bond of the subcontractor, the modified contract shall not become effective, and shall be null and void.”

On May 28, 2014, the Defendants notified the Plaintiff that “In the event that the Plaintiff requested the Defendants to submit the performance guarantee certificate, etc. of the sewage supplier by May 31, 2014, the altered contract shall be null and void.”

The instant construction project is completed by another company on December 18, 2014.

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