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(영문) 서울중앙지방법원 2012.01.19 2011가합9612
손해배상(기)
Text

1. As to the Plaintiff KRW 19,575,155,200 and KRW 9,960,905,674 among them, the Defendant shall start on February 10, 201, and KRW 9,614,249.

Reasons

1. The premise of dispute

A. When the cost of the construction work contract of this case was designated as an urban development zone under the Urban Development Act at the north of the window at the Changwon-si, the Plaintiff entered into a construction contract (hereinafter “the construction contract of this case”) with the Defendant, who is the contractor and the contractor, as a contractor, with respect to the construction work of the 4B-15L and the 2B-8L block on the ground of the above urban development zone on December 20, 206.

6. Contract amount for construction works: 195,751,552,00 won (excluding value-added tax) and Article 2 (Order of Application) (1) of the General Conditions of the Contract for Construction Works (excluding contract documents and order of application) shall consist of contract for construction works, general conditions of the contract for construction work, special conditions of the contract, estimate terms and conditions of the contract for construction work and design documents, and shall have the effect of mutual supplementation

In such cases, the special terms and conditions of the construction contract shall have the preferential effect on the general terms and conditions of the construction contract.

Article 8 (Supervision of Authorization and Permission Affairs) The affairs related to this project shall be supervised by the plaintiff, and all the expenses incurred in conducting such affairs shall be borne by the plaintiff, and the defendant shall cooperate with the defendant.

Article 10 (Payment Guarantees) (1) In the event that the plaintiff borrows land prices and project promotion expenses from financial institutions, the defendant's payment guarantee is necessary to review the appropriateness of such lending and, if necessary, to issue the payment guarantee.

Article 33 (Cancellation and Termination of Contracts) (1) Where a defendant falls under any of the following subparagraphs, the plaintiff may cancel or terminate the contract in whole or in part by giving prior written notice to the defendant:

3. Where the contract terms are violated and the purpose of the contract cannot be achieved due to such violation.

4. The Defendant appears to be a clerical error in Article 4 of the Special Conditions for Construction Contract.

(1) Payment guarantees referred to in paragraph (3).

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