Text
1. The plaintiff's claim is dismissed.
2. On November 28, 2014, the Jeonju District Court rendered the final claim inspection judgment 2011 and 7.
Reasons
1. Facts of recognition;
A. On May 27, 2009, A Co., Ltd. (1) concluded a contract for the instant construction work (hereinafter “A”) with the C organization (hereinafter “C organization”) under which the construction work on the D ground of Gwangju Mine-gu (hereinafter “C organization”) was awarded a contract for the instant construction work (hereinafter “instant building”).
A contracting officer: Contract amount of F Contract: 24,90,000,000 won for contract price (including value-added tax): 2,655,440,000 won for delay: The date of commencement of 1/1,000 of the contract amount for the day of delay as to the day of June 1, 2009: November 30, 2010 [General Conditions of Contract for Construction] Article 5 (Transfer of Bonds) ① The contracting officer shall not transfer any bonds (right to claim the price of construction) created under this contract for any purpose other than the purpose of the implementation of this project to a third party.
(2) Where the other party to a contract intends to transfer his/her claim, he/she shall obtain prior approval for the written approval of the ordering office with the consent of joint and several guarantors or issuing
Article 37 (Cancellation or Termination of Contracts) (1) Where a person subject to contracts falls under any of the following subparagraphs, a contracting officer may cancel or terminate all or part of the relevant contracts:
Provided, That in cases falling under subparagraph 3, cancellation or termination shall be made.
2. Where construction works are not completed or are unlikely to be completed by the deadline for completion due to reasons attributable to the other party to the contract;
3. Where the penalty for delay under Article 19 reaches the amount equivalent to the contract deposit of the relevant contract, and it is judged impossible to complete the construction works even if its contract period has been extended;
4. Where it is deemed that there is no possibility that the contractor will perform the normal construction work due to a default, etc. (2) the main text of the instant contract.