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(영문) 수원지방법원안산지원 2016.07.14 2016가합87
사용승인신청서류 교부
Text

1. The defendant shall deliver each of the documents listed in the separate sheet to the plaintiff on the day following the day when the judgment of this case became final.

2...

Reasons

Basic Facts

The order unit of construction contract standard contract: The plaintiff and the other party: the defendant

1. Total amount of a construction contract: Amount of KRW 180 million for a down payment of KRW 20 million: The first advance payment of KRW 60 million for the first installment payment after written contract is prepared: The second advance payment of KRW 60 million for the storage of temporary materials from the site: The payment shall be made after the completion of the construction works after the completion of the construction works in full;

2. On February 2, 2015, the date of commencement and April 30, 2015, the date of completion and April 30, 2015, the Corporation shall be liable to the project owner in accordance with drawings.

On February 2, 2015, the Plaintiff entered into a contract for the new construction of a multi-household C (hereinafter “instant building”) (hereinafter “instant construction contract”) with the Defendant, a construction business operator, under which the Plaintiff had been suspended due to a contract for construction to another construction business operator, and had been in the state of suspension.

The main contents of the instant construction contract are as follows.

The Defendant failed to complete the construction work until April 30, 2015, which is the date of completion of the instant construction contract.

On the other hand, at the time, the Plaintiff paid both the second advance payment and paid only KRW 40 million.

The defendant should complete the construction work up to May 31, 2015, when the pre-payment year is made, to the plaintiff as above KRW 20 million.

Accordingly, the plaintiff paid KRW 20 million to the defendant.

However, the defendant was unable to complete the construction by May 31, 2015, and thereafter, the deadline for completion has been postponed several times from the plaintiff, but all of them have not been observed.

Accordingly, on November 16, 2015, the Plaintiff would cancel the instant construction contract if the Plaintiff completed the construction by supplementing defects, etc. until November 30, 2015 and did not deliver a completion document to the Defendant.

“The” sent content-certified mail. In addition, on November 21, 2015, the Plaintiff and the Defendant completed the construction work by November 30, 2015, and then completed the construction work on December 1, 2015, respectively on the spot.

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