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(영문) 광주지방법원 2019.06.21 2018가단17315

약정금

Text

1. The counterclaim of this case shall be dismissed.

2. The costs of lawsuit are assessed against the Lessee (Defendant).

Reasons

On May 26, 2015, the counterclaim Defendant filed a lawsuit against the counterclaim for payment of unpaid construction costs and additional construction costs with respect to the construction for factory expansion works located in Seongbuk-gun D, the counterclaim Defendant violated the date of the completion of the contract ( August 30, 2015), and thus, the counterclaim Defendant incurred property damage, namely, property damage, from August 30, 2015 to June 30, 2016, delayed compensation of 617,100,000 won for the number of 180 days delayed until June 30, 2016, and guarantee fee of 18,986,000 won for the guaranteed fund due to the delay in completion, and the bank due to the delay in completion should be compensated for KRW 131,828,00,000 for the amount of loss of the guaranteed fund due to the delay in completion by the time the lawsuit was filed ex officio, and the method and purpose of the counterclaim can be claimed in cases where the counterclaim or defense is not related to the present lawsuit.

(Article 269(1) of the Civil Procedure Act. However, since the fact that the counterclaim of this case was filed on August 6, 2018, which was after the date of closing the argument of this case, is apparent in the record, the counterclaim of this case is unlawful.

If so, the counterclaim of this case is unlawful and dismissed.