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(영문) 서울북부지방법원 2019.02.19 2018나37558
기타(금전)
Text

1. Of the claim for damages for delay in the judgment of the court of first instance, the following amount shall be ordered against the Defendants:

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 11.

On September 12, 2016, the Plaintiff entered into a construction contract with D (hereinafter “instant construction contract”) stating that construction cost of KRW 165 million and construction period of the instant construction work shall be from September 20, 2016 to November 30, 2016 (hereinafter “instant construction contract”) with respect to the new construction of housing units on the G ground (hereinafter “instant construction contract”) at Namyang-ju, the Plaintiff entered into a contract for construction with D (hereinafter “instant construction contract”).

(On the other hand, the construction contract of this case includes the construction cost of KRW 215 million, but the construction cost of KRW 215 million is included in the amount of KRW 50 million for the construction of this case, and the actual construction cost is KRW 165 million as above).

The Plaintiff paid the construction cost of KRW 125 million to D.

C. D did not complete the instant construction project by November 30, 2016, which was the completion date of construction under the instant construction contract.

On July 29, 2017, the Plaintiff entered into an agreement with Defendant B to pay KRW 50 million to the Plaintiff not later than October 30, 2017 (hereinafter “instant agreement”) among the amounts that Defendant B received as the waiver of construction work and the construction amount when it is impossible for the Plaintiff to conclude by the contract date.

Defendant C jointly and severally guaranteed the instant agreement for Defendant B.

E. D did not undertake the instant construction even after the conclusion of the instant agreement, and did not complete the instant construction even until September 30, 2017, which was the completion date of the construction under the instant agreement.

(f) voluntary conciliation formation 1.

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