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(영문) 청주지방법원 2016.02.04 2015가단11120

구상금 등

Text

1. The Defendant’s annual interest in KRW 99,912,320 and KRW 98,512,320 among the Plaintiff and KRW 98,512,320 from July 10, 2015 to September 30, 2015.

Reasons

1. Determination as to the cause of claim

A. 1) On February 24, 2014, the Plaintiff entered into a contract with the Defendant to newly build a neighborhood living facility on the land outside B of the petition-gu, Cheongju-si (hereinafter “instant construction”).

(2) The Defendant’s construction delay Plaintiff paid 15 million won to the Defendant in full, and the Defendant completed the instant construction work on October 10, 2014, with the payment rate of KRW 15 million from February 26, 2014 to April 30, 2014.

3) The Plaintiff’s subrogated payment of the subcontract price to the subcontractor was made by the Plaintiff as indicated below. The Plaintiff paid the subcontract price to the subcontractor by the Defendant as indicated below. F 2,475,00 won in C 14,850,000 won in C 13,376,000 won in G 5,475,000 won in G 5,850,000 KRW 190,000 in 194,250 in K 774,255 won in 34,300 in 1,100,000 KRW 1,790,000 in N79,191,765 won in 130,000,000 won in total, but the Plaintiff did not additionally return the additional construction cost to the Defendant in relation to the above construction cost as 1,40,000 won in 1,400,000 won in total among the construction cost of container construction work.

5) As a result of the occurrence of the defect repair from among the instant construction works involving the Defendant’s defect repair, the Defendant decided to repair the defect, but failed to do so, and the Plaintiff paid 10,000,000 won to another business entity, thereby allowing the Plaintiff to repair the defect. [Grounds for recognition] Confession (the main text of Article 150(1) of the Civil Procedure Act)

B. According to the above facts of determination, the Defendant calculated by the agreed rate of 24,450,00 won based on the agreed rate of penalty for delay = 1/1000 x 15 million won x 15 million won x 10 million from May 1, 2014 to October 1, 2014.