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(영문) 부산지방법원 2014.01.08 2013가합40899
손해배상(기)
Text

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

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

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by taking into account the whole purport of the pleadings as a whole on each of the entries in Gap evidence 1-1, 2, 2, 2, 3, and 4, and witness C and D, respectively.

On March 2012, the Plaintiff entered into a contract for the construction work to extend the commercial building of the second floor E to seven stories at the time of his own possession (hereinafter referred to as the “instant construction work”). The main contents of the contract are as follows.

The name of a construction contract for a private construction project (hereinafter referred to as "contract"): The date of commencement on April 2, 2012 at the time when the construction work site for a newly built urban residential house at the time of the presentation: The date of completion on April 2, 2012: the contract amount on October 31, 2012: 1.150 million won (excluding value-added tax): The completed amount: At least 100 million won: On January 1 each month (25th each month): The completed portion of Article 22 of the General Conditions of the Contract for Private Construction Works under Article 2 subparagraph 8.

Provided, That where there is no calculation statement, the calculation shall be made by agreement between Gap (the plaintiff refers to the plaintiff; hereinafter the same shall apply) and Eul (the defendant company refers to the defendant company; hereinafter the same shall apply) according to the construction progress ratio.

Article 31 (Cancellation of Contracts by Party A, etc. (1) In cases falling under any of the following subparagraphs, Party A may cancel or terminate all or part of the contract:

1. Where Eul fails to commence construction even after the lapse of the period for commencement agreed upon without any justifiable ground;

2. Where it is evident that there is no possibility to complete a construction work within the completion date due to a cause attributable to B, the processing of termination of Article 33 shall be effected at the time of termination of the contract under Articles 31 and 32.

(2) If any loss has been incurred by the rescission or termination as referred to in Articles 31 and 32, the other party may claim compensation therefor.

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