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(영문) 광주고등법원 2016.08.31 2015나13439

지체상금 등

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. A. On October 2010, an incorporated association C (hereinafter “Nonindicted Corporation”) shall undertake D New Construction (hereinafter “instant Construction”) and on October 18, 2010, delegated all of the instant construction work’s design, authorization, permission, execution and completion of construction works, construction-related budget creation and execution, and sale to F (H) who is a well-known person belonging to Nonparty Corporation. The F delegated the Plaintiff with the work related to the execution of the instant construction.

B. On March 30, 2012, the Plaintiff and the Defendant drafted a contract with the following content (hereinafter “instant contract”).

The name of the construction project: The date of completion of the construction project of the Gyeonggi-do Yang-gun E-gun on April 2, 2012: Contract price of KRW 5,250,000: Contract price of KRW 5,250,000 on December 31, 2012: The warranty liability rate of KRW 787,50,000: the warranty liability rate of KRW 3% delayed delayed payment: 1/1,000 (0.1%) after commencement of the construction of the instant case and completion of the construction of the first floor among the instant construction before December 2, 2012, the Defendant did not proceed with the construction of the instant case.

C. On September 2, 2013, the Plaintiff prepared and sent to F of Non-Party Corporation F a letter of waiver of cooperation (No. 3, hereinafter “instant letter of waiver”) with the following content as follows:

Although the non-party corporation and the plaintiff agreed to conduct new construction and joint business of D, the representative director I of the plaintiff did not give up the plaintiff's failure to execute due to the circumstances, cooperation with the President of the General Affairs Office of the plaintiff (HN) to settle the work of the clan.

However, I will cooperate with all other days for the development of the end group.

Provided, That the relationship between the defendant corporation and the contractor corporation shall be agreed with the transferee by adjusting the construction work executed until now by the execution company and the contractor representative director I.

provided that, it includes the settlement of construction design costs and construction works costs;

F means November 19, 2013.