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(영문) 의정부지방법원고양지원 2016.05.04 2015가합3297

공사계약해약확인 및 손해배상금

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1. The construction contract between the Plaintiff and the Defendant on the building indicated in the separate sheet entered into on April 25, 2015.

Reasons

1. On April 25, 2015, the Plaintiff indicated in the attached Table No. 220,000,000 construction cost, and from April 25, 2015 to August 15, 2015, and agreed upon the construction work for the period from April 25, 2015, and agreed upon as construction cost, and the Defendant did not deliver the remainder of the construction contract to the Defendant for six consecutive days after the lapse of 70,00,000,000 won, which is calculated on April 14, 2015, and KRW 5,000,000,000 on June 5, 2015, and KRW 36,00,000,000,000 from June 24, 2015, and the Defendant did not deliver the remainder of the construction contract to the Defendant for six consecutive days after the lapse of 7,000,000,000 won.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

3. The Plaintiff seeking payment of damages for delay calculated at the rate of 5% per annum from August 16, 2015 to the delivery date of a copy of the complaint, and 20% per annum from the next day to the day of complete payment. However, since the damages for delay of a monetary obligation constitutes a damages obligation arising from delay of a monetary obligation, the obligation for delay of a monetary obligation constitutes an obligation for which the due date is not specified, and thus, the obligor is liable for delay from the time of receiving a claim for performance from the obligee (see Supreme Court Decision 2009Da59237, Dec. 9, 2010). The Plaintiff is prior to the delivery of a copy of the complaint of this case.