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Reasons
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(영문) 수원지방법원안양지원 2016.03.31 2015가합102847
공사도급계약해지무효확인
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1. On November 24, 2014, the Plaintiff entered into a contract between the Plaintiff and the Defendant on June 9, 2014 as indicated in the separate sheet.

Reasons

1. Basic facts

A. On May 15, 2014, the Plaintiff participated in the electronic bid of C (hereinafter “instant construction”) publicly announced by the Defendant at Sinpo City public notice B, and entered into a contract for the instant construction project with the Defendant on May 22, 2014 (hereinafter “instant contract”). On June 9, 2014, the Plaintiff entered into a contract for the instant construction project (hereinafter “instant contract”). The details relating to the instant case are as follows.

Contract amount: Period of construction of KRW 367,88,00 (including value-added tax; hereinafter the same shall apply): General conditions of construction contracts of local governments from June 9, 2014 to January 4, 2015

3. Cancellation or termination of a contract due to any cause attributable to the other party to the contract;

(a) In any of the following cases, the grounds for cancellation or termination of a contract due to private negligence on which the other party to the contract is responsible shall be applicable:

7. Where construction is not completed or is deemed unlikely to be completed by the deadline for completion due to a cause attributable to the other party to the contract.

B. On June 9, 2014, the Plaintiff submitted a commencement and field agent appointment system to the Defendant on June 19, 2014. On the 19th of the same month, the Plaintiff entered into a guarantee agreement with the specialized construction mutual aid association for guarantee of guarantee of KRW 1114,953,430, and the guarantee period from June 19, 2014 to March 5, 2015, and received advance payment from the Defendant on June 25, 2014. On the 16th of the same month, the Plaintiff reported the construction work to the Defendant on June 13, 2014. On the 16th of the same month, the Plaintiff entered into a contract for technical guidance with the Korea Military Manpower & Waterworks Corporation on the premise that the guarantee period was from June 19, 2014 to March 5, 2015.

3. The Plaintiff on August 4, 2014.

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