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(영문) 서울남부지방법원 2017.10.17 2016가단40273

손해배상(기)

Text

1. The Defendant: (a) KRW 25,00,000 for the Plaintiff and 5% per annum from September 10, 2016 to October 17, 2017.

Reasons

1. Facts of recognition;

A. On December 12, 2015, the Plaintiff: (a) on December 12, 2015, leased the five and six floors among the Jongno-gu Seoul Metropolitan Government Ground Buildings (hereinafter “instant Public Notice Board”) as KRW 60 million, monthly rent, KRW 5,348,00 (including value-added tax).

B. On December 15, 2015, the Plaintiff concluded a contract with the Defendant for the construction cost of KRW 260 million and the construction period from December 15, 2015 to February 15, 2016.

C. At the time of entering into the said contract, the Plaintiff agreed to pay from February 15, 2016, that the Plaintiff is the vehicle of the instant public notice board.

From December 15, 2015 to May 28, 2016, the Plaintiff paid the Defendant a total of KRW 220 million out of the construction cost eight times during the period from December 15, 2016.

E. On June 15, 2016, the Plaintiff sent to the Defendant a content-certified mail demanding the Defendant to compensate for damages, such as KRW 24,258,00,00 due to the delay in the completion of the instant construction project, including the total amount of rent and water rate of KRW 15,00,00,000, which occurred to the Plaintiff on April 15, 2016.

F. On July 9, 2016, the Plaintiff and the Defendant agreed that “the Plaintiff shall take over the part of the instant construction work and directly perform construction work by inserting the remaining construction cost of KRW 40 million,” and “the Defendant shall pay to the Plaintiff KRW 25 million by August 25, 2016.”

G. On July 28, 2016, the Plaintiff completed the instant construction on July 28, 2016 (the fact that there is no dispute over the grounds for recognition, the evidence Nos. 2, 5, 6, 7, and the purport of the entire pleadings).

2. Determination

A. The summary of the Plaintiff’s assertion (1) The instant agreement states that the Defendant shall pay to the Plaintiff the amount equivalent to five-month rent of the instant Institute of Notice, which was paid by the Plaintiff during the period delayed by the Corporation, due to damages for the instant delay in construction.

(2) The Plaintiff is due to the delay of the instant construction.