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(영문) 서울중앙지방법원 2012.11.21 2011가합104357

손해배상(기)

Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 20,00,000, and KRW 6% per annum from November 22, 2011 to November 21, 2012.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 12, 2009, the Plaintiff contracted to the Defendant for the construction work on the basis of the construction cost of KRW 1,250,00,000 for the construction period, the construction period of KRW 1,250,000 for “construction work” (hereinafter “construction work in this case”) with the Defendant on October 12, 2009 at the rate of delayed delay 3/1,000 for each of 1,250,000 per day.

(hereinafter referred to as the “instant contract”). (b)

On January 28, 2011, the Plaintiff agreed to respectively change the construction period from October 13, 2009 to March 31, 2011, with the Defendant as well as the instant construction cost of KRW 2,660,000,00.

(hereinafter referred to as the Agreement in this case).

Since then, the Plaintiff agreed to extend the construction period of this case to the Defendant by the end of June 201.

On June 30, 2011, the Plaintiff submitted the completion statement and the completion drawings of the instant construction to Nonparty Cow Day, Co., Ltd., the main contractor of the instant construction.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 10 and 11, the purport of the whole pleadings

2. Judgment on the plaintiff's main claim

A. Although the Defendant had completed the instant construction work by the end of June, 201 pursuant to the instant contract, the Defendant did not complete the instant construction work after leaving the construction site without permission on June 29, 2011. Accordingly, on September 22, 2011, the Plaintiff notified the Defendant that the instant contract would be terminated, and the notification was delivered to the Defendant around that time. Accordingly, the Defendant, from July 1, 2011 to September 22, 2012, the date following the expiration date of the instant construction period, based on the instant contract, should pay the Plaintiff KRW 670,320,000 (i.e., the instant contract price 2,60,000,000 x 3/1,000 x 3/1,000 x 84 days).