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(영문) 인천지방법원 2016.07.20 2014가합60527

손해배상(기)

Text

1. Defendant C’s KRW 37,200,000 and the Plaintiff’s annual rate of KRW 6% from December 27, 2014 to July 20, 2016.

Reasons

1. Basic facts

A. Defendant C is a person registered as a business entity of the building company of the trade name called D, and Defendant B is a person who is a general director of Defendant C as an infant of Defendant C.

B. On July 11, 2013, the Plaintiff contracted a new construction project for Class II neighborhood living facilities (general restaurants) and multi-household houses (multi-household 3 households) on the Seo-gu Incheon, Seo-gu, Incheon (hereinafter “instant construction project”).

(hereinafter referred to as “instant contract”). Construction contract/service contract

2. Contract name: New construction of E neighborhood living facilities and multi-family houses;

3. Construction site: Seo-gu Incheon, Incheon.

4. Period of construction: The period of construction on August 21, 2013 (five months immediately after the commencement of construction permission/the commencement of construction) and on December 31, 2013; The contract amount: The amount of daily gold billion (excluding value-added tax).

6. Payment of the price;

(a) Contract deposit: (1) Amount paid: KRW 10,000,000 (3) due date: immediately after a written contract is prepared;

(b) On one occasion for progress: (1) Amount paid: 50 days after the commencement of the project: (3) the date of the commencement of the project, and twice the date of the base destruction: (1) the amount paid: The date of payment: 50 days after the commencement of the project;

(c) Amount paid: (1) Payment: Within 15 days after issuance of a completion certificate.

7. The rate of liquidated damages: 0.1% of the contract amount ¡¿ the number of delayed days ¡¿ the party's column in the contract of this case shall be as follows:

F G AD H C B

C. The Plaintiff paid the contract deposit of KRW 40 million and the one-time progress payment of KRW 160 million each on the date of commencement of the contract in D.

D On August 21, 2013, the instant construction commenced and obtained approval for the use of the building on April 3, 2014.

E. On February 21, 2014, D sent to the Plaintiff a postal item, stating the intent to settle the instant contract with the following content:

No. 1. To facilitate the progress of the instant construction project, I will review the settlement of accounts as follows:

- the following-

1. Details of the settlement of construction costs, as of January 29, 2014;