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(영문) 수원지방법원 2018.10.17 2017가합24864
채무부존재확인
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 February 3, 2017, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendant, the owner of the building, under which the construction of the second floor building is newly constructed in the Republic of Korea (hereinafter “instant construction”) located in the Republic of Korea (CTS Angeles), with the construction cost of KRW 250 million (hereinafter “instant construction”) and the construction period from February 3, 2017 to July 3, 2017. As a result, the Plaintiff entered into the contract for the construction of the instant construction project (hereinafter “instant contract”). The payment method is the down payment of KRW 50 million, intermediate payment of KRW 150 million, and intermediate payment of KRW 150 million (payment after completion of removal, after completion of floor concrete), the remainder of KRW 50 million (payment after completion of construction).

Paragraph 3. B shall submit A, simultaneously with a contract, a design drawing, a work schedule, and a work description to A.

Paragraph 5. B shall complete the construction for a period agreed upon with Party A within the contract period.

B shall deduct a delay equivalent to 1/100 of the contract amount for one day of delay when the construction has not been completed for a designated period of time at the time of payment for the remainder of the contract amount.

Provided, That in the event of natural disasters or other force majeure, it shall be governed by the Commercial Act.

If force majeure or A recognizes it, it may be reduced or exempted for delay.

Paragraph 11. B may terminate the above contract if the construction is not carried out within the prescribed period without good cause.

Provided, That Eul shall not file an objection or claim damages against Gap, and where Gap causes damage due to cancellation, Eul shall compensate for such damage.

12. Paragraph 12. A shall compensate for damages equivalent to Paragraph 11 above if the damages to the contract entered into with B are incurred if the contract is delayed without any special reasons.

Paragraph 13. B shall be liable to the Corporation for all disasters that occurred in connection with the Corporation.

Provided, That this shall not apply to the cases of paragraphs (a) and (b) due to a natural disaster or other force majeure, and to the reasons determined A and B.

§ 15. One copy of the constructed drawings and estimates to be attached.

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