logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2013.11.15 2012가합10937
부당이득금
Text

1. The Defendant’s KRW 93,656,30 for the Plaintiff and KRW 6% per annum from November 2, 2012 to November 15, 2013, and the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2, 4, 6, 7, 8, and 15:

On May 24, 2011, the Plaintiff received B construction from the Korea Evaluation Bank of Real Estate Co., Ltd. for the period from February 28, 2011 to July 30, 201, with the price of KRW 6.98 billion (excluding value-added tax) and the period from February 28, 2011.

B. On May 24, 201, the Plaintiff: (a) decided on May 24, 201 to make a subsequent settlement of the steel-frame production work among the above construction works with KRW 177,600,000 (in addition to value-added tax and KRW 148,000 per ton based on separate 1200 tons; (b) the steel-frame installation work (hereinafter referred to as the instant construction work) as the price of KRW 318,20,000 (excluding value-added tax, KRW 256,00 per ton; and (c) the period from May 25, 201 to June 30, 2011.

C. As to the instant construction work, there was an agreement for liquidated damages, but the basis for calculating the value is 1/1,000 of the daily amount of KRW 350,200,000 per day of delay (the sum of value added to KRW 318,20,000).

The details of the construction works that the Defendant received from the Plaintiff are to manufacture (a steel framed) steel in accordance with the design drawings prepared by the Korea Agency for the Settlement of Real Estate Co., Ltd., which the Plaintiff supplied to the Defendant, and to install (the construction in this case) the steel framed.

E. On July 30, 201, the Corporation has been extended by September 30, 201, taking into account the period of delay due to design change and friendship. However, on November 23, 2011, the Corporation has been extended by November 30, 201 due to the change of design and delay in work over four occasions.

F. Meanwhile, the time limit of the instant construction was extended by July 17, 201, around June 22, 2011, and was extended by July 22, 2011. Around July 29, 2011, the Defendant completed construction on November 15, 201.

2. Determination on the claim for the penalty for delay of the instant construction work

A. According to the facts set forth in the above 1-C and the above 1-C, the defendant.

arrow