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(영문) 수원지방법원성남지원 2014.08.14 2013가합10440

지체상금

Text

1. The Defendant’s KRW 133,856,140 for the Plaintiff and KRW 6% per annum from February 26, 2011 to August 14, 2014.

Reasons

1. Basic facts

A. On May 20, 2009, the Plaintiff awarded a contract for the construction of a new building in Suwon-si District B building to Defendant A integrated construction company (a mutual forest comprehensive construction company before the alteration; hereinafter “Defendant”), and the construction cost shall be calculated by up to 2.7 million won per annum, but 60% of the total construction cost shall be paid up to the completion date and the remainder of 40% shall be paid from the shop occupants in B building after the completion date. Upon the conclusion of the provisional contract, the Defendant entered into a provisional contract agreement with the Plaintiff to pay the deposit amount of KRW 50 million and the loan amount of KRW 50 million to the Plaintiff at the time of the conclusion of the contract, and the loan amount of KRW 50 million shall also be converted to the contract performance deposit.

B. On June 10, 2009, the Plaintiff and the Defendant, while entering into a special agreement on the construction contract of building B, concluded that the contract would not increase the contract amount even if there are any changes in circumstances, such as price and interest rate change after entering into the contract, and the Defendant decided to faithfully accept the Plaintiff’s request for change of design and request for change of construction.

2. The plaintiff and the defendant shall calculate the total construction cost of KRW 7,087,60,000 (excluding value-added tax) as the construction cost.

3. The Plaintiff shall pay 60% of the total construction cost until completion and the remainder 40% of the construction cost shall be settled with the revenues of the upper subscription deposit after completion.

4. The defendant shall pay one billion won as performance guarantee to the plaintiff.

6. On June 10, 2009, concluded between the Plaintiff and the Defendant, it is confirmed that the terms and conditions of the construction contract for B building were effective after completion and until after completion of settlement.

8. It is confirmed that the agreement between the plaintiff and the defendant is valid until completion.

9. The plaintiff's compensation for delay relating to this Agreement shall not be admitted.

C. On November 18, 2009, the Plaintiff and the Defendant determined the specific contract amount, etc., and prepared the B building construction contract form including the following contents:

(hereinafter “instant contract”). D.

The plaintiff and defendant of this case on December 29, 2009.