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(영문) 울산지방법원 2014.02.19 2013가합4780

지체상금 등

Text

1. The Defendant (Counterclaim Plaintiff) is the Plaintiff (Counterclaim Defendant)’s neighborhood living facilities and warehouses from October 4, 2012.

Reasons

1. Basic facts

A. The Plaintiff is the owner of a forest of 29,950 square meters in Ulsan-gu, Ulsan-gu, the Plaintiff is the owner of a forest of 29,950 square meters, and the “B neighborhood living facilities and warehouse construction works (hereinafter referred to as the “instant building”) on the said land is the instant construction.”

(2) The Plaintiff, on January 9, 2012, had the construction period from January 10, 2012 to April 30, 2012, and the construction cost of KRW 600 million (in the construction contract, KRW 700 million was stated in the construction contract, but the actual construction cost was KRW 600 million.

A contract based on the contract period of 1/1,000 of the daily contract amount per delay in completion of construction, and the defendant started construction work around that time.

C. On January 10, 2012, the Plaintiff paid the Defendant a construction cost of KRW 40 million, KRW 20 million on January 30, 2012, KRW 40 million on February 9, 2012, KRW 240 million on March 16, 2012, KRW 60 million on June 5, 2012, KRW 480 million on July 25, 2012, and KRW 60 million on July 25, 2012, according to an agreement with the Plaintiff, the Defendant returned the said KRW 100 million on February 23, 2012, to the Plaintiff.

On September 5, 2012, the defendant constructed a significant portion of the building of this case after the agreed completion deadline, and on September 5, 2012, the plaintiff again constructed with the defendant as follows:

10,00,000 won was paid to the defendant on the same day.

As a letter of construction implementation, the defendant and the plaintiff agreed to enter into a construction contract with the defendant and conclude the construction on the following conditions at the end of the construction.

1. Of the contract deposit for construction works, KRW 00,000,000,000,000 payable as of September 5, 2012;

-one hundred billion Won (100,000,000) September 5, 2012

- After receipt of a request for completion inspection - Payment of the daily gold full (30,000,000),

- After issuance of a completion certificate (approval for use) - No. 20,000;