logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.05.21 2014가단83138
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts below the underlying facts are either in dispute between the parties, or acknowledged by considering the overall purport of the arguments in Gap evidence Nos. 1 to 7, and Eul evidence No. 10.

A. On September 6, 2012, the Plaintiff entered into a subcontract with the Future CNB (hereinafter “ACNB”) for construction works to be subcontracted to the future CNB among the new construction works for creating the Changwon System (hereinafter “instant construction works”). The contract amount is KRW 450 million in terms of the contract amount, and the construction period is KRW 450 million in terms of the construction work period from September 6, 2012 to December 30, 2014.

(hereinafter “instant construction contract”). B.

With respect to the performance of the future CNB’s contract under the instant construction contract, the future CNB concluded a contract guarantee agreement with the Defendant on December 30, 2014; the guarantee period from September 6, 2012 to December 30, 2014; and issued a contract guarantee agreement with the Plaintiff stating the aforementioned contents.

C. On February 25, 2014, the future CNB filed an application for commencing rehabilitation procedures with the Changwon District Court (2014 Gohap10), and the said court rendered a decision on commencing rehabilitation procedures on March 25, 2014.

On March 6, 2014, the Plaintiff demanded the future CNB to complete the construction by April 15, 2014, and submitted an implementation plan for the progress of construction until March 13, 2014, but notified that the subcontract will be terminated at the time of failure to submit the plan.

E. Accordingly, on March 18, 2014, the future CNB submitted to the Plaintiff a construction progress plan to the effect that the work will be completed by April 14, 2014.

F. On April 23, 2014, the Plaintiff notified the future CNB that the instant construction contract was terminated on the ground that construction could not be completed in the scheduled air because it did not complete the construction by the due date specified in the said construction progress plan.

2. The Plaintiff’s assertion that the construction will be completed from the said construction progress plan to April 14, 2014.

arrow