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(영문) 서울동부지방법원 2018.09.21 2017가단134400
공사대금 등
Text

1. The plaintiff's main claim shall be dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3...

Reasons

1. Basic facts

A. On November 14, 2016, the Defendant concluded a construction contract with the content that the contract amount of KRW 1.741 billion to the Plaintiff with respect to the D Hosel New Construction Works in Seocho-si, the period of construction from December 1, 2016 to June 30, 2016, the advance payment contract amount of KRW 10%, and the progress payment: the settlement of accounts at the end of the month, and the rate of 1/1000 to the penalty for delay (hereinafter “instant construction contract”).

Article 31 of the General Conditions of the Construction Contract of this case stipulates the termination of the contract of the contractor, etc. as follows.

B. On June 28, 2016, the Defendant sent to the Plaintiff a notice of termination of the contract with the following contents prior to the completion of the construction period of the instant construction contract.

(hereinafter “instant termination of the contract”). CD E

C. Since then, it is not clear in the record whether the Plaintiff was excluded from the instant construction, and whether the Defendant was awarded a contract to another construction company as to whether the remaining construction was directly managed by the Defendant.

After completing construction, the application for approval for use of new buildings was completed on January 18, 2018.

[Ground of recognition] Unsatisfy, Gap evidence 1 and 2

2. The assertion and judgment as to the primary claim

A. On June 20, 2016, the Plaintiff, while performing the instant construction project, changed the content of the construction project, and subsequently changed the completion date of the construction project to July 20, 2017, and subsequently paid KRW 220 million. However, the Plaintiff asserted that the termination of the instant construction contract on the ground that the Plaintiff’s cause attributable to the Plaintiff was unreasonable and invalid.

B. At the time of completion of the instant construction, the Plaintiff’s seeking confirmation of invalidity of the termination of the contract of this case seeks confirmation of absence of past legal relations, and the Plaintiff’s current rights or legal status to eliminate risks or apprehensions with respect to the said legal relations.

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