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(영문) 인천지방법원부천지원 2015.11.20 2015가합518
추심금
Text

1. The Defendant: (a) KRW 214,177,534 to the Plaintiff; and (b) KRW 20% per annum from December 18, 2014 to September 30, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On February 21, 2008, Jinjin Comprehensive Construction Co., Ltd. (hereinafter “Yinjin Comprehensive Construction Co., Ltd”) concluded a contract with the Defendant on a fixed basis as of March 1, 2008 as of May 15, 2009, by setting the construction cost of KRW 7.35 billion (excluding value-added tax), the construction cost of the construction work of the main complex building with the third underground floor and the third floor above the ground level (hereinafter “instant building”) on the land of 372-7, 372-10, Dongdaemun-gu Seoul Metropolitan Government heading-dong, Dongdaemun-gu, Dongdaemun-gu, Dongdaemun-gu, Seoul (hereinafter “instant construction contract”).

B. Around October 7, 2008, the Defendant entered into the first modified contract to extend the construction period to July 31, 2009, and to increase the construction cost to 7.4 billion won. Around July 30, 2009, the construction period was extended to March 15, 2010, the construction amount was increased to 7.425 billion won, the construction amount was increased to 7.45 billion won, the compensation for delay was deducted from the construction price at KRW 450 million, and the construction work was completed within the construction period specified in the second modified contract. If the construction work was exempted from the compensation for delay, but if the construction work was not completed within the construction period specified in the second modified contract, the second modified contract was concluded by adding the compensation for delay (0.1% per day) incurred after July 31, 2009.

C. After the discontinuance of the instant construction project and the cancellation of the instant construction contract, the instant construction project was commenced, around October 8, 2009, and the construction was discontinued while completing the 5th floor structural frame around October 8, 2009. On January 18, 2010, the Defendant notified the Defendant of the rescission of the instant construction contract on the ground of the instant breach of the contract and the suspension of construction.

Until October 1, 2009, the comprehensive construction that became aware of the receipt of the construction cost was received from the defendant from the defendant until October 1, 2009, which received KRW 145 million out of the construction cost, and the total of KRW 646 million in the repayment of the construction cost was sold in lots two apartment buildings and one officetel.

(e) against the Defendant of the Jinjin Construction.

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