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(영문) 청주지방법원 2015.11.19 2014가합27033
공사대금
Text

1. The Defendant’s KRW 7,361,792 as well as 5% per annum from July 8, 2014 to November 19, 2015 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. 1) On December 27, 2012, the Defendant was awarded a contract with the Chungcheongnam-si for the “Seoul River Culture Village Development Project” from the Chungcheongnam-si. On November 15, 2013, the Plaintiff was awarded a contract with the Defendant for the construction cost of the said construction (hereinafter “instant construction”) for the construction cost of KRW 506,00,000 (including value-added tax) and the construction period from November 15, 2013 to September 6, 2014.

B) While the Plaintiff was performing the instant construction project, from December 2013, the Plaintiff did not pay the labor cost, food, equipment cost, oil cost, etc. to workers and business partners. Accordingly, the instant construction project was suspended due to the Plaintiff’s refusal to provide labor and the refusal of supply by business partners, etc.) on December 27, 2013, and the instant construction project was not normalization even though the Defendant notified the Plaintiff on December 27, 2013 that the instant construction project could not be terminated if the instant construction project was not normalization by December 31, 2013. As such, the Defendant notified the Plaintiff of the termination of the instant construction contract on January 16, 2014, and the said notification reached the Plaintiff around that time.

[Grounds for recognition] In the contract for construction works, Gap's evidence Nos. 1, 3, Eul's evidence Nos. 6-2, and Eul's evidence Nos. 6-2, the purport of the whole pleadings) is to calculate the total construction cost by calculating the construction cost by calculating the construction cost required for the completion of the non-execution part, in the absence of special circumstances, such as where the contract is rescinded and the contractor is liable to pay the construction cost to the contractor according to the work period.

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