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(영문) 광주고등법원 2015.08.21 2014나2081
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. On June 20, 201, the 10 residents of the Jeonnam-dong Village, including the Plaintiffs, were selected as a preliminary happy village on June 20, 201 and received a new construction subsidy from Jeonnam-do and Youngdong-gun.

Around October 10, 2011, the Plaintiffs entered into a contract for a construction project with the Defendant for the construction of 160,000,000 won (excluding value-added tax of 5,00,000) at each construction cost for the construction of 160,000,000 on the land of Young-gu G land owned by the Plaintiffs, Young-gu, Young-gu, Seoul, Seoul, under which the Plaintiffs were jointly owned, and from October 15, 2011 to April 25, 2011 (B was amended to April 25, 2012), “The terms of a contract for a construction project with the Defendant being awarded a contract for the construction of 1/1,000 of the construction cost per day for liquidated damages.”

(hereinafter referred to as “the instant construction contract”. Article 4 (Prohibited Condition): 16,00,000 won should be deposited into the Defendant’s account at the same time as the contract is concluded.

- Part payments: The following shall be deposited into the defendant's account in accordance with the progress of the Corporation:

1. When timber arrives or columns are constructed: 24,000,000 won;

2. When the wooden structure works are normal: 30,000,000 won;

3. When the roof work is completed: 20,000,000 won;

4. When the construction of walls is completed: Military subsidies shall be deposited into the defendant's account of KRW 20,000,000, respectively.

- Balance: The defendant's account shall be deposited immediately after the receipt of the subsidy of KRW 20,000,000,000.

- The delay in the construction date due to the failure to comply with the above payment terms shall be liable to the plaintiffs.

Of the instant construction contracts, the parts related to the terms and conditions of payment are as follows.

Plaintiff

C paid the Defendant a total of KRW 130,00,000,000 on November 16, 201, and KRW 24,000,00 on January 19, 2012, and KRW 30,000,00 on February 6, 2012, and KRW 20,000,000 on March 19, 2012, and KRW 20,000 on June 18, 2012, including KRW 20,00,000,000 on November 29, 2012, and Plaintiff D paid the Defendant a total of KRW 130,00,00,000 on November 16, 201; and Plaintiff D paid the Defendant the amount of KRW 30,00,00 on March 19, 201;

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