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(영문) 울산지방법원 2015.06.24 2014나4408
지체상금 등
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Determination on the cause of the claim

A. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the whole pleadings in each of the statements as evidence Nos. 1-2, 12-2, 12-4.

(1) On November 29, 201, the Plaintiff concluded a contract between the Defendant Company and the Defendant Company under which the construction price for the part of the new construction of the five-story Housing Units of Ulsan-gu, Ulsan-gu, Ulsan-gu, the Plaintiff owned at KRW 445,00,000 for the construction cost, from November 30, 201 for the construction period to April 30, 201 for the construction period, and the delayed payment rate of KRW 1/1,000 for the total construction cost per day.

(2) On the same day, the Plaintiff entered into a contract between Defendant B, under which the construction cost of the entire new construction of the instant case was KRW 595,00,000, and the construction period was from November 30, 201 to April 30, 201, and the liquidated damages rate of KRW 1/1,000,000 per day.

(3) In concluding each contract, the Plaintiff and the Defendants agreed to jointly perform construction works with respect to which the Defendant Company contracted.

(4) The Defendants completed construction works on April 30, 2012, which was 49 days after the agreed construction completion date, on June 18, 2012.

(5) Defendant B did not install air conditioners, fire extinguisherss, and gas bags on the instant building, and paid KRW 9,382,50,500 in total, including the cost of installing air conditioners, KRW 302,500, and the cost of installing air conditioners, KRW 330,00,00 in the Plaintiff’s installation of air conditioners on its behalf.

(6) Due to the Defendants’ error in construction, water leakage occurred on the rooftop of the instant building, and the Plaintiff spent KRW 4,000,000 as the repair cost.

(7) The Plaintiff did not pay KRW 16,450,00 of the construction cost to Defendant B, and Defendant B paid KRW 3,532,700 of the acquisition tax on the instant building on behalf of the Plaintiff.

(8) The Plaintiff filed the instant complaint.

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