손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. A contract for recognized construction works;
1. The name of the construction project: The C detached Housing Construction Project (hereinafter referred to as the “instant construction project”);
2. The construction site: D in Seopo-si;
3. Scale of construction: 18 households with single houses, and total floor area: 1747 square meters (528.7 square meters);
4. Period: Eight months from the completion date of civil works (pre-determined period: October 1, 2015 to May 31, 2016);
5. Contract amount: 2,984,300,000 won - The commencement of the actual works shall be commenced at the time when the sale rate reaches at least 60%.
-the contract amount shall be adjusted by applying the total floor area fixed at the time of change in the construction permit or performance area.
-Separate equipment, such as TV, cooling, washing machines, and air conditioners, and equipment, such as mobile furnitures - Attached to electricity, water supply, and environmental charges, etc.
6. Completion portion: A claim shall be made on a monthly basis at each one-month basis from the date of commencement and shall be made in cash within 10 days from the date of the request.
On September 23, 2015, the Plaintiff concluded a contract with the Defendant to contract for construction work (hereinafter “instant construction contract”) as follows:
(B) The contract for the construction work is the contract for the civil construction work, and the contract for the civil construction work is also the contract amount of KRW 530,000,000.
Around December 3, 2015, the Defendant claimed that the Plaintiff KRW 408,00,000 for progress payment (construction) and KRW 280,000,000 for progress payment (civil engineering) and KRW 535,00,000 for progress payment (the contract amount was increased to KRW 3,514,30,000) around January 12, 2016, but the Plaintiff notified the Plaintiff of the suspension of construction due to delay in the payment of construction expenses on February 4, 2016.
On February 19, 2016, the Defendant additionally claimed KRW 400,580,000 for progress payment. On March 17, 2016, the Defendant notified that “The exercise of lien and the scheduled progress of legal measures due to delay of the payment of construction cost” is “the scheduled progress due to delay of the payment of construction cost.”
C. It is May 25, 2016 that sales have been made to 11 households equivalent to 60% of the total number of 18 households of the instant case.
The Plaintiff: (a) KRW 20 million on April 26, 2016; (b) KRW 300 million on May 11, 2016; (c) KRW 200 million on May 30, 2016; (d) KRW 350 million on June 10, 2016; and (e) KRW 350 million on July 4, 2016; and (e) KRW 350 million on July 4, 2016. < Amended by Presidential Decree No. 27424, May 30, 2016