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(영문) 창원지방법원 2015.10.06 2014가단24290
미성공사채권 및 지연배상금
Text

1. The Defendant amounting to KRW 35 million to the Plaintiff and the Plaintiff’s annual rate of 5% from December 6, 2014 to October 6, 2015.

Reasons

1. The following facts may be acknowledged as either a dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 and 4:

On June 19, 2014, the Plaintiff: (a) from June 19, 2014 to the Defendant, the construction price of three new construction works on the land B and C, KRW 158 million; and (b) from June 23, 2014 to June 23, 2014.

9. As of the end of 30.30, an advance payment of KRW 55 million between the Defendant and the Defendant was agreed to pay the remainder of KRW 53 million within 15 days from the date of the contract, the intermediate payment of KRW 50,000,000,000,000 to the date of the contract, and the remainder of KRW 53,00,000,000,000 to the Defendant by June 25, 2014, in accordance with the instant construction contract.

B. Meanwhile, on October 8, 2014, the Defendant: (a) renounced the instant construction even before being in progress; (b) agreed between the Plaintiff and the Plaintiff on October 15, 2014, to make it possible for dynasium; and (c) return the remainder which remains after deducting the amount equivalent to the amount of the advanced payment already received, from which the said dynasium and dynasium were deducted.

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the remainder of KRW 35 million, excluding the remainder of KRW 20 million, excluding the remainder of KRW 35 million, which the Plaintiff is the person who is the person who is the person who is the person who is the person with the highest interest among KRW 55 million paid advance payment (hereinafter “the instant settlement amount”) and the damages for delay.

3. The defendant's assertion that the construction cost corresponding to the construction cost executed until October 15, 2014 exceeds KRW 55 million, and thus, the amount to be returned to the plaintiff does not remain. However, since there is no evidence to acknowledge this, the defendant's assertion is rejected.

4. Accordingly, the Defendant’s conclusion is as follows: (a) 5% per annum as stipulated in the Civil Act from December 6, 2014 to October 6, 2015, which is the day following the delivery of a copy of the complaint of this case sought by the Plaintiff as to the amount of KRW 35 million in the instant settlement amount, and as to this, the following day.

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