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(영문) 광주지방법원해남지원 2019.01.29 2017가단20576

지체상금지급청구 등

Text

1. Defendant C:

(a) KRW 10,400,000 and for this, 5% per annum from January 26, 2017 to November 19, 2018.

Reasons

1. Determination as to the claim against the defendant B

A. On May 19, 2016, the Plaintiff and Defendant B, on the ground that the Plaintiff, on May 19, 2016, had to Defendant B a house on the ground D (hereinafter “instant house”).

10,000,000 won and period of construction for new construction works, from June 27, 2016

9. By September, 9, a contract was concluded with each of the contracting parties having a fixed rate of 0.1% per day of delayed delay per day (hereinafter “instant contract”).

2) However, after the instant contract was entered into, on August 9, 2016, due to the design delay of the instant housing, the building report was made on the instant housing, and Defendant B started the construction work of the instant housing around that time. (iii) The Plaintiff paid the construction cost of KRW 14.5 million in total to Defendant B, as shown in attached Table 1, until October 30, 2016.

4. On November 5, 2016, the Plaintiff and Defendant B agreed on the additional construction work equivalent to KRW 26.1 million as shown in attached Table 2, and on the same day, by preparing a written agreement on the guarantee of payment of construction expenses as described below, it is apparent that the contract of this case amounts to KRW 147,6.5 million for the existing construction work amount of KRW 17,6.5 million for the existing construction work amount of KRW 17,65 million and KRW 26.172,60 million for the additional construction work amount, and the reasons why the Plaintiff and Defendant B changed the total construction amount of KRW 177,700,000 for the entire construction work amount are not stated in the record.

The work completion date was agreed to be changed from September 9, 2016 to November 30, 2016.

Until November 13, 200, the construction period of the Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s construction owner’s completion of the construction cost guarantee agreement: by November 30, 200: Parking lot construction, and by November 30, 200, the rate of liquidated damages for delay for the remainder boiler room construction: The Plaintiff deposited KRW 12 million for Defendant B by October 30, 200 for the construction cost per day of delay. However, as seen earlier, the Plaintiff paid to Defendant B until October 30, 2016.