(영문) 서울중앙지방법원 2013.03.22 2012가합3512

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(영문) 서울중앙지방법원 2013.03.22 2012가합3512

공사대금

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1. Defendant Korea’s construction of Plaintiff Il New Construction Co., Ltd., 298,045,775 won, and Plaintiff Go Jin Construction Co., Ltd.

Reasons

Basic Facts

Upon the conclusion of the instant contract, the Defendant Sihn-si requested the Incheon Regional Procurement Service under the jurisdiction of the Republic of Korea to conclude a contract for the instant construction work (hereinafter “instant construction”). On April 8, 2009, the Defendant Republic of Korea concluded a contract for the instant construction work (hereinafter “instant contract”) with the Plaintiffs as joint contractors on April 8, 2009, setting the contract amount of KRW 12,003,264,726, and the construction period from April 10, 2009 to April 9, 2012.

The instant contract includes the general conditions of the construction contract of a local government as a contract, and the parts related to this case among the general conditions of the said construction contract are as follows.

8. Delay in performing the duties, and cancellation and termination of contracts;

4. Rescission or termination of a contract due to changes in circumstances;

(a) In addition to the cases of each subparagraph of 3-a (a), when the inevitable circumstances of the agency awarding the contract occur objectively, the agency awarding the contract may cancel or terminate the contract;

(b) The provisions of items (b) and (c) shall apply mutatis mutandis to the cancellation or termination of a contract under the provisions of items (a).

(c) Where the agency awarding the contract cancels or terminates the contract pursuant to the provisions of item (a), it shall pay the amount falling under any of the following items to the other party to the contract within 14 days from the date the performance of each subparagraph of item (c) is

In such cases, the contract bond under the provisions of Chapter IV-1 shall be returned simultaneously.

(i)the cost of removal of human resources, materials, and equipment of the other party to the contract invested before the date of cancellation or termination for the completion of the entire construction project;

6. Temporary suspension of construction;

(a) A construction supervisor may suspend the performance of all or part of the construction in any of the following cases:

In such cases, the other party to the contract shall exercise the duty of due care as a good manager during the suspension period.

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