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(영문) 대구지방법원 2017.01.24 2016가단103672

손해배상(기)

Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 64,172,204, and 5% per annum from October 28, 2016 to January 24, 2017.

Reasons

1. Facts of recognition;

A. On June 9, 2015, the Plaintiff ordered Defendant B to undertake a new construction work of multi-family houses located in Daegu Suwon-gu D as follows:

The name of construction: The date of commencement of the new construction of the Daegu Suwon-gu D multi-family house on June 9, 2015 shall be KRW 380,00,000 for the contract amount on October 20, 2015: KRW 100,000 for the contract amount: KRW 100,000 for the contract amount; KRW 100,000 for the third floor concrete building; KRW 100,000 for the entry of external stones; and KRW 80,000 for the construction of the new multi-family house within one week after completion.

B. Meanwhile, Defendant C, as E in the instant multi-family house construction project, was jointly and severally guaranteed for Defendant B’s obligations under the said new construction project contract for the Plaintiff.

C. The Plaintiff’s KRW 50 million around June 12, 2015, and the same year

7. 27. 50 million won, per year;

8.10,000,000 won, for the same year;

9. May 5, 190,000 won, and October 5, 19 of the same year, paid KRW 43,668,630 on December 4 of the same year, and paid KRW 2,420,00 in total, and KRW 300,00 in total by paying KRW 3,91,370 on an industrial accident insurance premium instead of KRW 2,420,00 in total.

On November 30, 2015, the Defendants agreed to compensate for the amount calculated by multiplying the daily contract amount by 1/1000 if the construction is completed and the approval for use is not granted until December 17, 2015.

E. However, around December 17, 2015, the Defendants suspended the instant new construction project under the progress ratio of the instant new construction project at a rate of 68%. On January 5, 2016, the Plaintiff terminated the instant new construction project to the Defendants and completed the new construction project on April 15, 2016, as the said new construction was subcontracted to others.

[Grounds for recognition: Evidence Nos. 1 through 8, 11, 13 through 51 (including branch numbers).

hereinafter the same shall apply.

(i) the entry in Category B(1) and the purport of the entire pleading

2. Determination as to the cause of action

A. The Defendant alleged the part concerning the claim for liquidated damages in this case by January 17, 2015.