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(영문) 수원지방법원 2017.02.09 2016가단26231
공사대금반환
Text

1. The Defendant’s KRW 34,384,296 as well as 6% per annum from September 6, 2016 to February 9, 2017 to the Plaintiff.

Reasons

Facts of recognition

On April 6, 2015, the Plaintiff: (a) concluded a contract with the Defendant during the period of construction up to KRW 45 million; and (b) April 8 through May 22, 2015; and (c) agreed to the compensation for delay per day to KRW 1/100 of the construction cost.

The defendant shall set the same year to the plaintiff around June 15, 2015.

7. There was an agreement to complete the above construction by the 12th day, but failed to do so.

The construction cost and the repair cost of the non-execution part of the above construction work are total of KRW 29,839,296 (=total of KRW 34,429,296 - Penalty for delay 4,590,000).

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 4 (including a branch number if there is a branch number), the images of Gap evidence No. 5, and the purport of the whole pleadings. According to the above facts of recognition, the defendant is required to enter the plaintiff 29,839,296, and compensation for delay 4,545,00 won [=45 million won x 1/1000 x 1000 x 101 days (from May 23, 2015 to August 31, 2015), as shown in the separate sheet.

5. The compensation for delay is sought against 22.22. However, it is reasonable to deem that there is no compensation for delay before the said construction period expires.

A total of KRW 34,384,296 and KRW 15% per annum under the Commercial Act from September 6, 2016 to February 9, 2017, which is the date of this decision, for which the defendant's dispute over the scope of his/her obligation is deemed reasonable on the records that are obviously the following day after the delivery of a copy of the complaint of this case sought by the plaintiff, shall be liable to pay damages for delay at each rate of KRW 34,384,296, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from

The plaintiff's claim is partly accepted.

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