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(영문) 수원지방법원안양지원 2019.07.19 2017가합104908

손해배상(기)

Text

1. The Defendant’s KRW 102,539,846 to the Plaintiff, as well as 6% per annum from October 27, 2017 to July 19, 2019.

Reasons

1. Basic facts

1. Construction name: Newly built work of Suwon C detached Housing;

2. Site location: Suwon-si C.

3. Period: Amount of contract on May 13, 2015 to October 20, 2015: 850,000,000 won: Value-added tax amounting to 850,00,000 won: Separate amount.

5. Contract deposit: 85,000,000 won.

6. Period of liability for defects: 10 years after completion - 3 years after completion - Other two years after completion.

7. Warranty bond rate: Replacement of a defect performance note;

8. Rate of liquidated damages: 12% per annum of the contract amount per day.

9. Interest rate for delay in the payment of the price: Where the contract amount by 12% per annum of the contract amount, the intermediate payment (10%) intermediate payment (10%) intermediate payment (10%) intermediate payment (20%) (20%) intermediate payment (20%) (10%) is concluded at the time of the commencement of construction at the time of the completion of the roof construction at the time of the arrival of the Japanese product, the amount by 850,000 85,000 at the time of delivery at the time of completion of the roof construction at the time of completion of the construction of the Japanese product at the time of delivery at the time of completion of the construction of the underground retaining wall, the amount by 170,000 170,000 170,000 170,000 170,000 85,000 and Article 7 (Advance payment; hereinafter the same shall apply) (i) where the payment of the advance payment is made at the time of completion of the construction work;

(2) A advance payment shall be settled as follows:

The amount of advance settlement = The amount of advance payment = the price of completed portion 】 the contract amount 】 Article 22 (Payment of Price) (1) "B" may immediately be arranged at the construction site, such as removal, removal, etc. of surplus materials, waste materials, temporary materials, etc. after passing the completion inspection of the "A" and claim the payment of the construction price to "A".

(2) “A” shall pay the price for construction simultaneously with the delivery of the object of the contract.

(3) The construction cost paid by A shall be paid on the basis of cash.

(4) Where the contract price cannot be paid by the due date, A shall pay the interest at the rate of 12% per annum of the contract price per day.