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(영문) 대구지방법원 2017.09.22 2016가합2080

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On August 14, 2014, the conclusion of the instant construction contract with the Plaintiffs 6, G, H, I, and J (hereinafter “4”, “Plaintiff, etc.”) entered into a contract with the Defendant on the following terms: (a) around August 14, 2014, the Plaintiff, etc. entered into a contract between the Defendant and the Defendant; and (b) around August 1, 2014, the Plaintiff, etc. entered into a contract with the Defendant with the Defendant on the ground of the land located in Gyeongcheon-si, Kimcheon-si (hereinafter “the first, second, and third construction”; and (c) the second, second, and third construction; and (d) all construction works are called “the instant construction”).

The term "the first contract", "the second contract", and "the third contract" as the term "the second contract", and "the third contract" as the term "the instant contract".

(b) A multi-family house contract;

1. The name of the project and

2. Plaintiff EP MH M I NJO 2 construction G G G G G, Plaintiff 3 construction work, Plaintiff A SP, Plaintiff D T T, who is the owner of the site location-based construction site (KG) construction site-based construction site-based construction site-based construction site-based construction site-based construction site-based construction site owner

3. Period: “The construction period shall be in accordance with the separate agreement”;

4. Contract amount: 312,00,000 won; and

5. Advance payments: “The separate agreement shall apply mutatis mutandis.”

6. Timing and methods of payment of completed portion: “The provisions of a separate agreement shall apply thereto”.

9. Rate of liquidated damages for delay: 1/100: A contract bond: In the case falling under any of the following subparagraphs, the whole or part of the contract may be rescinded or terminated:

2. Where it is evident that there is no possibility that the construction work will be completed within the completion date due to a cause attributable to B, the owner of the building of the building of the multi-family house (studio construction contract, and hereinafter “A”) and the Defendant of the construction (hereinafter “B”) agreed on the construction terms and conditions after sufficient consultation with the owner of the building of the building of the special contract for the construction of the multi-family house (studio construction) and the Defendant of the construction (hereinafter “B”) on the land of Kimcheon-si (hereinafter “this construction”) as follows in accordance with the mutual trust and good faith.