logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.05.09 2018가합204477
약정금
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On June 16, 2015, the Plaintiffs entered into a construction contract with the Defendant, which newly constructs officetels on the ground of Dong-si, Dong-si, D, E, and F land (hereinafter “instant land”) owned by the Plaintiffs as the ordering person and the Defendant as the contractor (hereinafter “instant construction contract”).

The main contents of the instant construction contract are as follows.

1. Name of the project: G works (civil engineering and construction);

2. Construction place: The land in this case; and

3. Date of commencement: Date scheduled for completion on July 4, 2015: The contract amount on March 10, 2016: 220,000,000 won for civil works (including additional taxes), 6,545,000,000 won for construction (including additional taxes);

6. Contract bond: None;

7. Prepaid payment: No one; and

8. Amount of completed construction works:

1. To pay monthly cash each month with financial (PF)-based loans;

2. Cash payments shall be made with priority of construction expenses in the sale of housing units;

3. The spot generations shall be determined by 30% of the construction cost, and the number of houses shall be designated and paid; and

4. The unit sale price shall be set at 90% of the unit sale price and the settlement shall be made to the construction cost at the time of issuance of the unit sale price.

(5) The shortage of construction costs shall be paid in cash with financial loans after completion.

11. The rate of penalty for delay: 1/1,000 per day.

B. The Defendant suspended the construction without completing the instant construction by March 10, 2016, which was the completion date of the relevant construction works.

C. On November 4, 2016, when the Plaintiffs failed to pay the secured loan on the instant land, a decision to commence voluntary auction was made on the instant land on November 4, 2016.

After that, on December 4, 2017, the land of this case was subject to the sale by voluntary auction and the transfer registration of ownership was completed in the future, such as I.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. Determination as to the cause of the claim by the Plaintiff (Appointed Party)

A. The Defendant’s summary of the Plaintiff’s assertion is the Defendant’s arbitrary construction work around November 2015.

arrow