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(영문) 서울중앙지방법원 2016.10.12 2014가단118596

손해배상등

Text

1. The Defendant shall pay to the Plaintiff KRW 31,618,50 and interest rate of KRW 15% per annum from September 26, 2014 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff is operating a sexual outdoor department on the 15th floor of Gangnam-gu Seoul Metropolitan Government B building.

B. On March 19, 2014, the Plaintiff entered into a contract for the construction of interior interior interior interior interior interior interior interior of the Defendant and the 15th floor of the building for the purpose of sexual outs and openings.

(hereinafter referred to as the “instant contract”). The amount of the contract was KRW 75 million (excluding value-added tax), the date of commencement on March 21, 2014, the date of completion on April 21, 2014, and the date of completion on April 21, 2014, and if the Defendant delays construction without justifiable grounds, the amount of the construction cost shall be paid to the Plaintiff for delay equivalent to 2/1,000 per day.

C. The Defendant did not complete the construction and completed the construction, and the Plaintiff paid 6,8410,000 won out of the construction price to the Defendant.

(3) On March 19, 2014, KRW 30 million, KRW 15 million on April 1, 2014, KRW 15 million on April 1, 2014, KRW 15 million on April 11, 2014, KRW 5 million on April 19, 2014, KRW 5 million on April 19, 2014, and KRW 3410,00 on May 1, 201). [Grounds for recognition] In without dispute, evidence No. 1, evidence No. 2-4 through 15, and evidence No. 3-1 through 5, and the purport of the whole pleadings.

2. Determination on the cause of the claim

A. The Plaintiff’s assertion that the construction cost that the Defendant received from the Plaintiff was not paid to the subcontractor, and the Plaintiff paid double construction cost to the subcontractor. Since the Defendant did not perform construction work included in the instant contract and the Defendant paid the construction cost on behalf of the Plaintiff, such as that the Plaintiff did not directly perform construction work, the Defendant should pay the amount to the Plaintiff as compensation

(B) The Defendant is obliged to pay liquidated damages for delay due to delay of construction. (3) The Defendant is obliged to pay liquidated damages for delay of construction. (40) The Defendant is obliged to pay liquidated damages for delay of construction.

B. As to the Defendant’s assertion of settlement agreement, the Defendant suspended construction work by not later than April 19, 2014 while receiving construction payment of KRW 65 million, and only 3.1 million out of the remainder of 10 million in consultation with the Plaintiff is paid, and value-added tax shall also be imposed on the Defendant.