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(영문) 의정부지방법원 2019.01.29 2018가단117616

손해배상(기)

Text

1. The counterclaim Defendant: 13,040,000 won to the counterclaim and 6% per annum from May 22, 2018 to January 29, 2019.

Reasons

1. Basic facts

A. On July 18, 2017, the Plaintiff entered into a contract with the counterclaim Defendant with the contract amount of KRW 80 million for remodelling construction works for the Gangnam-gu Seoul Metropolitan Government D D D D D D D D D D D restaurant, the commencement date on July 30, 2017; the completion date on August 31, 2017; and the rate of liquidated damages for delay was 3/1,000 of the contract amount per day of delay.

B. On July 26, 2017, the Lessee paid KRW 66 million to the Counterclaim Defendant by September 22, 2017, including remitting advance payment of KRW 16 million to the Counterclaim Defendant.

C. On October 10, 2017, the counterclaim Defendant submitted a construction performance note to the Counterclaim Plaintiff.

Total cost: Amount to be paid in 103,300,000 won (excluding value-added tax): Amount to be paid in 23,300,000 won: Amount to be paid in 66,000,000 won: 37,300,000 won;

1. Additional details: Pool trading (3,200,000 won), change of kitchen facilities (30,000 won), urban gas facilities (3,000,000 won), costs for urban gas installation (10,000,000 won), costs for installation of fire-fighting system (10,000,000 won), costs for installation of attached stuffs (2,000,000 won), costs for rice Luxembourg market advertisements (250,000 won), gas payment (350,000 won), and repair of buildings, electric power and fire-fighting (1,20,000 won);

2. In accordance with the original contract, the contractor shall complete the installation of air-conditioners by October 16, 2017.

At the same time, the contractor shall deposit KRW 26,970,000 except for the remainder 10% of the balance at the site immediately after the air conditioner arrives at the site.

If the deposit is not made, the recipient shall suspend the site and may withdraw it.

3.The Supplier shall complete the remaining construction after completion of paragraph 2 above not later than 0.27.

4. If the above paragraphs 2 and 3 above are not fulfilled, the contractor shall compensate for the delayed payment of the construction work under the original contract (other than any addition due to the change of the particulars) and the contractor may request the contractor to pay for additional matters such as the exercise of the lien and the change if the contractor does not pay any balance even though the contractor has completed the construction work under paragraphs 2 and 3.

The Counterclaim Plaintiff: (a) KRW 10 million on October 1, 2017; (b) KRW 26970,000 on October 16, 2017; (c) KRW 27,000 on October 27, 2017; and (d) KRW 8 million on November 3, 2017.