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(영문) 서울중앙지방법원 2021.03.09 2020가단5066318
청구이의
Text

1. The Seoul High Court Decision 2018Na 20188Na 2046293, and the counterclaim case 2018Na 2046309 (Counterclaim) between the Defendant and the Plaintiff.

Reasons

1. Basic facts

A. (i) On July 3, 2015, the Defendant entered into a contract with the Plaintiff for construction works to be executed by the Defendant for the remaining part of the Seoul Gangnam-gu Urban Residential Housing Construction Project (hereinafter “instant construction”) on the ground of Gangnam-gu, Seoul, where the construction was discontinued after completing underground and first floor construction works.

D. The construction contract of this case was interrupted from October 2016 to March 3, 2017 following several demands from the Plaintiff, and the Plaintiff notified the Defendant that the contract of this case would be terminated, and the Defendant filed a claim for damages equivalent to the contract deposit and the revised construction cost (the Seoul Central District Court 2017 together 586678 principal lawsuit). The Defendant filed a counterclaim against the Defendant to seek additional construction cost, damages, and indirect expenses (the Seoul Central District Court 2017 plus 58685 Gohap 2017). The first instance court of the above case acknowledged that the contract of this case was lawfully terminated on March 17, 2017 with the notice of termination of the contract of this case, and dismissed the Defendant’s judgment from March 17, 2017 to 30% of the annual payment of the contract deposit to the Plaintiff by 109,961,250 won and the Defendant’s judgment from 2017 Da1718, respectively.

However, the second instance court of the instant case dismissed the Defendant’s appeal against the instant principal judgment, and accepted the Defendant’s counterclaim claim for additional construction expenses, and the Plaintiff pays to the Defendant the amount calculated at the rate of 6% per annum from December 11, 2018 to April 5, 2019, and 15% per annum from April 6, 2019 to the date of full payment.”

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