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(영문) 대전지방법원 2020.09.17 2019가합103441

손해배상(기)

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

(c) To pay a completed amount within 15 days thereafter;

Where A delays the payment of the completed portion under Article 24(3), he shall pay B 8% interest per annum from the following date to the date of payment of the construction cost.

12.This Agreement shall become void when approval of the PF funds is not granted.

19. The PF Guarantee and the PF Fund are responsible for Gap and Eul, and Eul calculates the PF Fund as KRW 4.2 billion to KRW 4.5 billion, and the progress of the construction work is smooth.

C. Around December 3, 2018, the Plaintiff and the Defendant agreed to reduce the instant construction work (hereinafter “the instant agreement”), and around February 22, 2019, the Defendant set the amount and the payment period of the agreed amount to be paid to the Plaintiff according to the said agreement.

The main contents thereof are as follows:

- The construction work on December 3, 2018 - * the construction on November 30, 2018 - the construction on the part of the entire process from November 30, 2018 - the construction work on the part of the aggregate construction work is completed up to six stories. * The construction work on the basis of the contract (the amount of other agreement) shall be determined later. * the defendant completed the 6th floor (6th floor, the 7th floor), and the subsequent construction shall be responsible to the plaintiff.

b. - Written undertaking on February 22, 2019 - * the account payable by the contractor to the contractor (Defendant): 310,000,000 won: The due date for the payment of the agreed amount* KRW 50,000,000: March 15, 2019: (2) KRW 110,000,000: March 30, 2019; and (3) KRW 150,000,000: August 30, 2019; and (d) the due date shall lose the benefit of time.

In order to continue the instant construction project after the instant agreement was reached between the Plaintiff and the F Co., Ltd. (hereinafter “F”) on December 26, 2018, the Plaintiff is referred to as “the secondary contract between the F”) and the construction contract (hereinafter “F”).

The main contents of the date of commencement are as follows. < Amended by Presidential Decree No. 2460, Sep. 30, 2019; Presidential Decree No. 2420, Sep. 30, 2019>

5. Contract amount: 5,525,950,000 won (including value-added tax).

8. Endd portion: 1) The balance of the payment for sale and the loan for construction funds at the time of the request for a loan of construction funds.