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(영문) 광주지방법원순천지원 2013.01.10 2012가합4313
지체상금 및 계약해지청구
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 114,00,000 and the interest rate thereon from October 24, 2012 to the date of full payment.

Reasons

1. Indication of claim;

A. On September 29, 201, the Plaintiff concluded a contract with the Defendants to pay KRW 300,000,000,000 for construction cost for remodeling of the studio-ground building at the summer-si, and to complete the construction on October 5, 2012 on the date of the contract, and to pay KRW 50,000,000 for the contract deposit on the date of the contract, and the remainder for the contract amount of KRW 100,000 for the first time in accordance with the construction performance ratio (hereinafter “instant contract”).

B. The Plaintiff paid the total of KRW 100,000,000 on September 29, 201, and KRW 100,000,000 on October 31, 201, and KRW 100,000 on November 30, 201, and KRW 6,000,000 on February 22, 2012, and KRW 28,000 on February 29, 2012, and KRW 16,00,000 on May 23, 2012, and KRW 16,00,00 on June 5, 200, and KRW 10,00 on June 19, 200, and KRW 30,00 on fire-fighting facilities, respectively; and

C. The Defendants did not perform construction even after receiving the above payments, and did not install fire-fighting systems. D.

The Plaintiff paid 5,800,000 won to other companies for the cost of fire-fighting equipment and received a completion inspection, and paid 5,000,000 won as the current construction cost, 10,000,000 won as the new construction cost, and 16,40,000 won as the semi- underground construction cost.

E. The Defendants did not complete the construction of parking lot walls and parking lot tent construction work properly.

F. The Defendants failed to properly implement the instant contract and requested construction cost in addition to the contract price, and intentionally delayed construction without justifiable grounds, the Plaintiff notified the termination of the contract on September 7, 2012.

G. The Defendants: (a) KRW 73,800,000 for liquidated damages for delay in delay to the Plaintiff (calculated as KRW 1/1,000 per day from January 6, 2012 following the scheduled date of completion of the construction works to September 7, 2012); (b) KRW 3,00,000 for fire-fighting equipment expenses; and (c) the Defendants did not perform construction works under a contract.

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