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(영문) 서울북부지방법원 2016.11.09 2014가합4532

공사계약금반환 및 손해배상금등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

(b) does not contain any part;

B. On June 28, 2012, the Plaintiff entered into a delegation contract with the Plaintiff’s mother D, stating that “the Plaintiff shall delegate all the rights necessary for the removal and construction of the instant building, including services, design, and permission, to E.,” and thereafter, E introduced the “F that operated the Defendant.”

C. On March 10, 2014, D on behalf of the Plaintiff entered into a standard contract for private construction works (hereinafter “instant contract”) with the Defendant as follows.

1. Construction name: C neighborhood living facilities construction work;

2. Place of construction: C;

3. Date of commencement: March 11, 2014.

4. Date scheduled for completion: June 30, 2014 (three months after commencement of works).

5. Contract amount: Daily gold ginseng, and the fixed amount of 00 million won (excluding value-added tax);

6. Contract bond: Error0 million won ( March 10, 2014);

7. Prepaid money: Error0 million won (after the completion of underground works); and

8. Endd portion: A special agreement for payment after completion (this hundred million won)* The part of the construction work and the construction cost in the additional construction work (excluding the details of the construction permit drawings) shall be concluded after mutual consultation.

* The delay of construction due to a natural disaster shall be determined through mutual consultation.

(d) omitted;

According to the instant contract, the Plaintiff paid each of the Defendant KRW 50 million on March 10, 2014, and KRW 50 million on March 11, 2014, respectively. On January 24, 2014, the Plaintiff paid KRW 15 million to G as the cost of underground floor civil construction.

E. On June 9, 2014, D issued to the Defendant a certificate of content that “A principal pays down payment of KRW 50 million and intermediate payment of KRW 50 million pursuant to the instant contract, but the Corporation at present does not proceed for more than one month from April 30, 2014, and the head of the site office rejects the request for resumption of construction due to the request for resumption of construction. As such, D’s failure to perform construction and resume construction in accordance with the terms of the contract, if it is impossible to do so, he/she may select another business entity and continue construction.”

(f).