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(영문) 서울중앙지방법원 2018.04.04 2017가합536420
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 30, 2006, the Plaintiff entered into a design service contract with the Defendant with the content that, with respect to the urban environment rearrangement project in Yeongdeungpo New Town No. 1-3 (hereinafter “instant project”): Work support (from the contract date to the approval date of the establishment of the association), design service (from the completion date to the completion date of the establishment approval), service amount of KRW 1.53 billion (value-added tax separate), and entered into a design service contract with the content that, with the Defendant, work support (from the contract date to the completion date of the establishment approval), design service (from the completion date of the establishment approval), and service amount of KRW 1.53 billion (value-added tax separate), and entered into a design service contract with the first design service alteration contract on July 15, 2009

B. On June 12, 2009, the Defendant issued to the Plaintiff a certificate of confirmation that the Plaintiff was selected as a service company in the comprehensive supervision division regarding the instant project, and entered into a construction supervision service contract with the Plaintiff on July 15, 2009 as follows (hereinafter “instant supervision contract”).

(A): The contract amount: 1,030,000,000 won (excluding value-added tax) and Article 17 (Cancellation and Termination of Contract A) of the General Conditions (excluding Value-Added Tax) (1) A may cancel or terminate all or part of the contract in any of the following cases:

(2) Where it is difficult to perform the contract due to any unavoidable cause, such as natural disaster, etc., the contract may be rescinded or terminated in consultation with the other party.

(3) Where any ground for cancellation or termination under any subparagraph of paragraph (1) occurs, B shall notify A thereof without delay.

(4) Where A intends to cancel or terminate a contract pursuant to paragraph (1), he/she shall give prior notice to B by no later than 14 days.

§ 18 (Cancellation and Termination of Contract B) (1) A may cancel or terminate all or part of a contract in any of the following cases:

(2) Where it is difficult to perform the contract due to any unavoidable cause, such as natural disaster, etc., the contract may be rescinded or terminated in consultation with the other party.

(3) Where any ground for cancellation or termination under any subparagraph of paragraph (1) occurs, A shall notify B thereof without delay.

(4) B shall be governed by paragraph (1).

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