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(영문) 서울중앙지방법원 2016.03.04 2015나59695

지체상금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Facts of recognition;

A. On January 22, 2013, the Plaintiff entered into a contract with the Defendant, a company engaged in the construction business, etc. (hereinafter “instant contract for construction”) under the following terms: (a) the Defendant entered into a contract with the Plaintiff for the construction of the second floor and the second floor above the ground level on the ground level B in Seongbuk-gu, Sungnam-si (hereinafter “instant construction”).

The scheduled period for construction: The rate of liquidated damages (including value-added tax): 359,200,000 won (including the total amount of liquidated damages) for delay on April 1, 2013 and September 1, 2013: the date on which the defendant actually commenced the construction, the date on which the completion date is the date on which the defendant completed the construction and the date on which the plaintiff obtains approval for use from the authorizing and permitting authority.

B. After that, on June 4, 2013, the Plaintiff entered into an agreement on the commencement of construction as follows (hereinafter “instant construction agreement”) with the Defendant.

A construction period: The completion date of the relevant construction project is indicated as October 10, 2013, but the completion date of the relevant construction project is indicated as Gap evidence 2 (the commencement agreement as of June 4, 2013, and the evidence No. 5) as of November 10, 2013, in light of the fact that the total completion period is stated as five months in the evidence No. 2 of subparagraph A (the construction contract agreement as of January 22, 2013) and that the scheduled construction period is five months from April 1, 2013 to September 1, 2013, in light of the fact that the scheduled construction period is five months from September 1, 2013 to September 1, 2013. < Amended by Presidential Decree No. 24810, Oct. 10, 2013>

Total required period of five months: 366,730,00 won (the contract amount of KRW 34,920,000 shall be paid at the time of completion of the contract, KRW 75,129,00 at the time of commencement of the contract, the intermediate payment of KRW 73,346,00 at the time of commencement of the contract, and the intermediate payment of KRW 183,335,00 at the time of completion of the wood structure, respectively)

C. Under the instant construction agreement, the Defendant commenced and completed the instant construction work on June 10, 2013, and the Plaintiff obtained approval for use from the authorizing and permitting authority on December 30, 2013.

On February 10, 2014, the Plaintiff paid to the Defendant the remainder of the instant construction work to the Defendant amounting to KRW 182,335,000, out of which is 100,000.