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(영문) 수원지방법원안양지원 2011.06.03 2010가합7534

위약금 등

Text

1. The defendant shall pay 75,00,000 won to the plaintiff and 20% per annum from May 14, 201 to the day of complete payment.

Reasons

1. Indication of claim;

A. On August 24, 2010, the Plaintiff entered into a contract with the Defendant, a construction business operator, by setting the construction cost of KRW 33,00,00,00 for the interior works in Seongbuk-gu Seoul Special Metropolitan City, and the construction period from August 25, 2010 to September 8, 2010.

B. On August 24, 2010, the Plaintiff paid the Defendant KRW 25,00,000,000 as construction price, and KRW 5,000,000 on August 31, 2010, and KRW 25,00,000 on September 2, 2010.

On the other hand, the defendant did not complete the above construction until September 8, 2010, while only part of the construction work was progress.

C. On September 19, 2010, the Defendant prepared a letter of intent to complete the construction work by October 4, 2010 to the Plaintiff, which stated that “The construction work will be completed by October 4, 2010, and if the construction work is not completed, three times the construction cost he received shall be paid as penalty, and that he will assume any civil or criminal liability.”

The Defendant failed to complete the instant construction work by October 4, 2010.

E. Therefore, the Defendant is liable to pay the Plaintiff KRW 75,00,000 ( KRW 25,000,000) equivalent to three times the construction cost that the Defendant received by the Defendant, and damages for delay.

2. Article 208 (3) 3 of the Civil Procedure Act applicable provisions of Acts.