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(영문) 광주지방법원순천지원 2016.01.14 2014가합14079

손해배상(기)

Text

1. The Defendant’s KRW 18,761,401 as well as the Plaintiff’s annual rate of 6% from August 8, 2015 to January 14, 2016, and the following.

Reasons

1. Basic facts

A. On September 30, 2013, the Plaintiff entered into a construction contract with the Defendant, a building business operator, to build Class II neighborhood living facilities (hereinafter “the instant building”) of reinforced concrete structure on the said land at the rate of 3/100 of the daily construction cost, setting the construction cost of KRW 200 million (payment of KRW 50 million, KRW 80 million upon completion of building structural frame, and KRW 70 million after completion inspection) and the construction period from October 8, 2013 to November 20, 2013.

B. On October 4, 2013, the Plaintiff paid the Defendant a down payment of KRW 50 million, and paid KRW 130 million in total, including KRW 30 million on March 3, 2012 of the same year, KRW 20 million on June 2, 12, KRW 12,000, KRW 20 million on December 20, 2012, and KRW 80 million on April 23, 2014 and KRW 130 million on April 23, 2014.

C. Meanwhile, the Defendant completed the construction of the basic steel bars on November 9, 2013, and completed the roof slabing construction on November 20, 2013.

On May 23, 2014, the Plaintiff sent content-certified mail, and notified the Defendant of the completion of construction by May 30, 2014. On July 14, 2014, the Plaintiff notified the Defendant that the construction should be completed by July 25, 2014, and notified the Defendant of the intent to claim compensation for delay unless the construction by July 30, 2014 is completed by August 9, 2014.

E. The Defendant obtained approval for the use of the instant building on September 4, 2014, and opened the entrance door of the instant building in a locking condition. After the instant lawsuit was filed, the Defendant laid down the entrance door to the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 7, Eul evidence No. 1 (including provisional number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant did not deliver the building to the plaintiff by the lapse of the agreed completion date, and there are parts of the non-construction and defects in the building of this case.

Therefore, the defendant is next to the scheduled completion date.