logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원서산지원 2015.07.22 2014가단53426
손해배상
Text

1. The defendant

A. From October 4, 2013 to Plaintiff A, KRW 7,834,00, and KRW 15,68,000 for each of them.

Reasons

1. Basic facts

A. On April 11, 2012, the Plaintiffs, D, E, and Han L&C Co., Ltd (contractors) concluded a contract for the construction of civil works (hereinafter “instant contract”) with the Defendant (contractors) as follows.

1) The name of the construction project: The date of commencement of the F Civil Works (hereinafter referred to as the “instant construction project”): G Council member 3: the date of completion of the project: G Council member 3: April 11, 2012: May 31, 2012: 95,000 won (excluding value-added tax, labor cost: 37,136,090 won) advance payment: 47,000,000 won (excluding value-added tax): Article 31 [i] of the payment (47,00,000,000 won) after the completion of the project (excluding value-added tax):

1. Where “B” has failed to commence construction even after the date of commencement agreed upon without any justifiable reason;

(2) The cancellation or termination of a contract pursuant to the provisions of paragraph (1) shall take effect by notifying “B” of the cancellation or termination of the contract when “B” is not performed within the deadline after setting the deadline for performance of the contract in writing and giving written notice to “B.”

Article 33 [Handling at the time of termination of a contract] (1) When a contract is terminated under Articles 31 and 32, "A" and "B" shall settle the construction amount of the completed portion without delay.

(2) If any loss has been incurred due to the rescission or termination of a contract under Articles 31 and 32, the other party may claim compensation therefor from the latter.

Article 34 [Simultaneous Performance Defenses of "B"] (1) Where "A delays the payment of advance payment and completed payment under the terms of the contract," "B" has set a reasonable period and urged the payment thereof, but "B" does not pay it, "B" shall lump sum all or part of the construction.

arrow