logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.09.25 2017가합54975
선급금 반환등
Text

1. The Defendants are jointly and severally liable to the Plaintiff for the payment of KRW 192,289,200 and the payment thereof from August 26, 2017 to September 25, 2019.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company that is engaged in civil engineering, construction, electricity (Class 1, dispatch and distribution) contracts, etc. (hereinafter “Defendant B”), Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company that engages in design and survey business, etc. in Namyang-si, Nam-si, Nam-si, and Defendant CCo. (hereinafter “Defendant CCo.”) is a special company established for the purpose of various guarantees necessary for the performance of construction works, financing and mutual aid business, etc. of its members who engage in construction business.

B. 1) In order to prevent habitual intrusion damage to the housing site surrounding the F Elementary School, Guri-si promoted the construction of excellent storage facilities, irrigation irrigation facilities, drainage pumps facilities, and landscaping in Guri-si G and H Park. 2) The Plaintiff was awarded a contract from Guri-si to install excellent storage facilities.

3) On December 21, 2015, the Plaintiff entered into a subcontract with Defendant B, earth and sand construction (defluence car), 653,070,000 won, reinforced concrete construction work, 417,010,000 won, and the total construction cost of KRW 1,369,420,000 (including each value-added tax), including the total construction cost of KRW 299,420,000,00, and the construction period of the construction (hereinafter referred to as “each of the instant subcontract”).

Article 7 (Construction, etc.) (3) The date of commencement and completion of construction works shall be as follows: Provided, That where it is impossible to commence construction works on the date of commencement due to any cause not attributable to a subcontractor, the date of commencement and completion of construction works shall be the date of commencement of construction works on the site acquisition of the subcontractor. Article 38 (Cancellation of Contract) (2) If any cause falling under any of the following subparagraphs occurs, the principal contractor or the subcontractor shall notify the other party of the correction or performance in writing specifying a period of not less than one month, and if the correction or performance is not made within the prescribed period, the whole or part of this contract shall be rescinded

arrow