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(영문) 부산지방법원 2017.08.09 2016가합43585
손해배상(기)
Text

1. The Defendant’s KRW 93,916,681 as well as its annual 6% from April 29, 2016 to August 9, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a company that operates a construction business, etc., and the defendant is a company that operates a facility, window, steel construction business, etc.

B. On August 5, 2013, the Plaintiff entered into the instant construction contract with the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) (hereinafter “Korea Land Trust”) contracted the “New Housing Construction Project” (hereinafter “original Contract”).

On October 15, 2014, the Plaintiff entered into a contract with the Defendant under which the term “metallic, AL window, and ethyl language works” (hereinafter “instant construction works”) stipulated the contract amounting to KRW 680,00,000 (including surtax) and the construction period from October 15, 2014 to August 30, 2015 (hereinafter “instant construction contract”).

C. The Defendant suspended the instant construction work from May 25, 2015 to June 8, 2015, and from June 28, 2015 to July 7, 2015.

On July 8, 2015, the Defendant resumed the instant construction, but was again suspended at that time.

Accordingly, the Plaintiff urged the Defendant to proceed with construction works on June 30, 2015, July 13, 2015, July 14, 2015, July 14, 2015, and July 31, 2015.

Article 25 subparag. 2 of the General Conditions of the instant construction contract provides that the Plaintiff may terminate the instant construction contract if it is clearly acknowledged that the construction work cannot be completed in the air due to a cause attributable to the Defendant, such as default and bankruptcy, etc., by giving written notice of the execution of the contract, and the contract is not performed within the said period.

On August 1, 2015, the Plaintiff notified the Defendant of the termination of the contract based on Article 25 subparag. 2 of the General Conditions of the Construction Contract, on the ground that the Defendant’s discontinuance of the construction work was revoked, and notified the contract guarantee company of the instant construction contract to the Specialized Construction Mutual Aid Association, a contract guarantee company of the instant construction contract, and claimed the performance of the guaranteed obligation.

(e)payment for completed portion;

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