(영문) 서울중앙지방법원 2015.09.16 2014가합49598

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(영문) 서울중앙지방법원 2015.09.16 2014가합49598

공사대금등

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1. The plaintiff's respective claims against the defendants are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 27, 2014, Defendant Dong-dong Construction Co., Ltd. (hereinafter “Defendant Dong-dong Construction Co., Ltd.”) concluded a contract with the Plaintiff for the construction of the incidental facilities by the Defendant’s Republic of Korea for the construction of the incidental facilities, with the contract amount of KRW 398,20,000 (including value-added tax) and the subcontract construction contract with the Plaintiff during the construction period from January 27, 2014 to March 10, 2014 (hereinafter “instant contract”). The main contents of the instant contract are as follows.

Article 9 (Inspection of Construction Materials) (1) of the terms and conditions of the subcontract for construction works shall be new materials to be used for the construction, and their quality, name, etc. shall be consistent with the design documents.

However, if the quality, name, etc. of a design is not clearly defined in the design, it shall be the most appropriate to achieve the purpose of the contract as materials equivalent to the standard product or standard product.

(2) Materials to be used for construction works shall be inspected by the Corporation Supervisory Board before they are used, and the materials which have failed to pass an inspection shall be inspected immediately in substitution.

Article 21 [A (General Construction for Defendant-A, hereinafter the same shall apply)

(1) A may cancel or terminate all or part of the contract in question, where Party B (the plaintiff, hereinafter the same shall apply) (the plaintiff, hereinafter) falls under any of the following:

Provided, That in the case of default or bankruptcy, the contract may be cancelled or terminated immediately without the due date.

2. Where it is deemed impossible to complete the construction within the completion date due to any cause attributable to B, such as failure to complete the construction by the due date or failure to repay, bankruptcy, cancellation of license, suspension of business, application for reorganization proceedings of the company, compulsory execution by a third party, transfer or takeover of the company, etc

3.In relation to the progress of construction work of Eul, it is difficult to carry out subsequent and other processes of construction work.

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