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(영문) 대전지방법원 2019.06.13 2017가단215251
손해배상(기)
Text

1. The Defendant’s KRW 11,461,531 as well as the Plaintiff’s annual rate of KRW 6% from August 1, 2017 to June 13, 2019.

Reasons

1. Basic facts

A. Conclusion of the instant construction contract

5. Construction cost: Value of supply 2,125,000,000 won (including value-added tax);

6. The time of the payment of the construction cost: the progress payment in the first floor (after the completion of the removal of the first floor): 200 million won: the progress payment in the second floor (after the completion of the removal of the second floor): 210 million won: the progress payment in the second floor (after the completion of the removal of the second floor): 200 million won: the progress payment in the fourth floor in the amount of KRW 210 million (after the completion of the removal of the fourth floor): 200 million: the five progress payment in the amount of KRW 210 million (after the completion of the removal of the fourth floor): 6 progress payment in the amount of KRW 210 million (after the completion of the removal of the fourth floor): 20 million: 210 million: the remainder payment in the amount of KRW 10 million (after the completion of the construction inspection): 650 million (after the completion of the building inspection): 650 million; and

7. Date of commencement of construction: The date of reporting on the commencement of construction on September 12, 2014 and the date of actual commencement shall be the date on which consultation is made.

8. The completion date of construction: It shall be the month from the commencement date of construction, and the scheduled completion date shall be December 31, 2014;

9. Defect repair period: 50 million won of the warranty certificate shall be 5 years from the date of completion of the inspection for the use of the building for the structure, 2 years for the defects, such as the amount of finish and leakage, and the owner shall keep the warranty certificate.

24. Where construction work is not completed within the construction completion date, the construction amount shall be calculated and paid to the project owner as much as the number of delayed days ¡¿ the number of delayed days.

On September 6, 2014, the Plaintiff awarded a contract with the Defendant for the construction of the warehouse facilities of the first and fourth floor above the ground (hereinafter “instant warehouse facilities”) on the Daejeon Seo-gu, Daejeon-gu, and three lots of land for KRW 2.125 million (hereinafter “instant construction”).

(hereinafter “instant construction contract”). The main contents of the instant construction contract are as follows.

B. From September 22, 2014 to April 21, 2015, the Plaintiff requested the Defendant to pay the construction price and the Plaintiff’s provisional seizure paid all the down payment to the Defendant from the down payment to the sixth progress payment stipulated in the instant construction contract. The instant warehouse facilities obtained approval for use on July 28, 2015, when the date of completion stipulated in the instant construction contract was the date of completion.

On September 3, 2015, the Defendant shall provide the Plaintiff with content-certified mail.

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