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(영문) 서울중앙지방법원 2018.11.20 2017나44383

대여금

Text

1. Of the parts concerning the principal lawsuit against the judgment of the court of first instance, the following amounts shall be ordered to be paid:

Reasons

1. On May 27, 2014, the Plaintiff entered into a standard contract for private construction works (hereinafter “instant contract”) with the Defendant, who is engaged in the construction business, etc. under the trade name called “C”, on the ground of Seoul Special Metropolitan City, Gwanak-gu D, for the construction of child care centers on the first and third floors underground (hereinafter “instant construction”).

3. Date of commencement: June 2, 2014.

4. Date scheduled for completion: October 30, 2014.

5. Contract amount: 430,000,000 won (including value-added tax); and

7. Advance payments: 45,000,000 won.

8. Late portion: At least once in month, the rate of liquidated damages: 1/100 of the total contract amount; and at the same time, the owner of a building shall bear the cost of construction at the time of rocking.

15. The cost of safety inspection shall be borne by the project owner for the crack test of the neighboring building;

The Defendant commenced the construction of this case on June 2016, 2014 after submitting the 23,850,000 kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn knn kn kn

However, during the Defendant’s floor construction work, the Plaintiff directly carried out base-up work from July 2014 to the effect that “the construction cost shall be borne by the owner of a building project at the time of rocking.”

While the above work is in progress, the defendant did not proceed with another work.

However, while the project is in progress, Nonparty H who was residing in the neighboring building of the construction site of this case is due to noise, fence removal without permission, the boundary of the construction site, and vibration.