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(영문) 서울남부지방법원 2015.09.10 2015나50588

손해배상 등

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above part against him.

Reasons

1. Facts of recognition;

A. On May 16, 201, the Plaintiff, who had its head office in Ulsan Metropolitan City, engaged in civil engineering works, construction works, etc., entered into a contract for new construction works with the Ulsan Pungpy Credit Union (hereinafter “Dungpy Credit Union”) on May 16, 201. The details of the contract are as follows.

(hereinafter referred to as the “instant prime contract”). The zero contract amount; 800 million won; 1563-8 Doo-dong, Ulsan-gu; 16 May 16, 201; o-date of completion on October 15, 2011; 0.3% of the daily contract amount per delay.

B. On July 25, 201, the Defendant concluded a contract with the Plaintiff for the manufacture and installation of an elevator at a staff house at the place where the Happiness Happiness was established with the Plaintiff on July 25, 201, and the detailed contents thereof are as follows (hereinafter “the subcontract contract of this case”), and there was no agreement for liquidated damages under the subcontract of this case.

o Subject matter; 15 passengers' 15 passengers' o total price for 3,168,00 won (including value-added tax, 9,504,000 won at the time of the contract, 19,008,000 won at the time of carrying out materials, and 3,168,000 won at the time of issuing the certificate of inspection; 25,01. 3, 168,000 won at the time of issuing the certificate of inspection; 3,168,00 won at September 25, 201; 2. 3. 3. Do Force Majeure, etc.; 3. . . . . . . . . . is not liable for non-performance of this contract due to any cause not controlled like war, riot, labor dispute resolution, government regulation, and other natural disasters (Article 6(1) . 1). The extension of the payment period of o's automatic payment; . 1. . . . .

The Plaintiff did not pay the Defendant the down payment of KRW 9,504,00 on the date of the instant subcontract contract, which is the sum of KRW 28,512,00 (=9,504,000 + 19,000 + 19,008,000).