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(영문) 서울고등법원 2018.10.19 2018나2030878
계약상대자 지위 확인의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, and the reasoning of the judgment is as stated in the judgment of the court of first instance, except where the defendant makes an addition or a supplementary decision as to the part asserted as the reason for appeal, and thus, it is acceptable to accept it as it is in accordance with the main sentence of

2. Of the fifth page of the judgment of the court of first instance, the following shall be added to the part of the criteria for bid and execution of contracts by local governments (hereinafter referred to as the “established Rules of this case”) - General Conditions of the Service Contract (Rules of the Ministry of the Interior).

6. Temporary suspension of construction

(a) A construction supervisor may suspend the performance of all or part of the construction in any of the following cases:

In such cases, the other party to the contract shall not neglect the duty of due care of a good manager during the period of suspension.

1. Where the implementation of construction works does not conform to the terms and conditions of the contract.

(b) In the event of the suspension of construction pursuant to “A”, the construction supervisor must without delay notify the contractor and the contracting officer of the grounds for the suspension and the suspension period;

(c)in the event of the suspension of construction pursuant to “A”, the other party to the contract may not claim an extension of the contract term or an additional amount;

Provided, That this shall not apply where it is not a suspension due to any reason attributable to the other party to the contract.

Where the period of service suspension (in the case of a long-term continuing contract, the period of suspension shall be added up due to each ground, and in the case of a long-term continuing contract, the period of suspension shall be the end of the period) due to the reasons attributable to the ordering agency exceeds 60 days, the ordering agency shall pay the completion price by an amount calculated by multiplying the remaining contract amount (referring to the period of service suspension as of the date on which the period exceeds 60 days, and the long-term continuing contract shall be based on the contract amount by the number of vehicles) by the general loan interest rate of the treasury designated by the head of the local

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