logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.10.14 2015가단30519
손해배상(기)
Text

1. The Defendant’s KRW 70,945,90 for the Plaintiff and KRW 5% per annum from December 29, 2015 to October 14, 2016.

Reasons

1. Basic facts

A. The Plaintiff is the owner of land D in Ulsan-gu, Ulsan-gu (hereinafter “instant land”).

B. On March 31, 2015, the Plaintiff agreed to newly construct multiple houses on the instant land, and entered into a construction contract with the Defendant on March 31, 2015 with respect to the new construction (hereinafter “instant construction”) on the following terms:

1. The name of the construction project: the project to newly construct multiple houses in Ulsan-gu;

2. Construction site: Ulsan-gu D

3. Construction period: Commencement on April 10, 2015 - Completion on August 10, 2015 : Amount of contract on August 4, 2013: KRW KRW 420,000 per day: KRW 420,000 ($ 420,000): Value of supply - Value of KRW 420,000 per day: Value-added tax separately

5. In case of a contract for advance payment: 50 million won per day (in case of a contract 50,000,000 won).

6. Timing and method of payment completed - Within seven days after the contract - KRW 50,00,000 - The intermediate payment of KRW 80,000 - The intermediate payment of KRW 80,000,000 - The intermediate payment of KRW 70,000,000 - The remainder of KRW 170,000 (within 50 days after the completion of the contract)

9. The rate of liquidated damages for delay: 1/1000.

C. Meanwhile, at the time of entering into the instant construction contract, C jointly and severally guaranteed the Defendant’s performance of the instant construction obligation.

Since then, the Plaintiff paid the Defendant a total of KRW 180,000,000 as the construction price under the instant construction contract.

E. Nevertheless, as the Defendant delayed the progress of the instant construction project, the Plaintiff agreed to terminate the instant construction contract with the Defendant on September 30, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The parties' assertion

A. Since the contract of this case was concluded by the Plaintiff, the Defendant’s construction cost of KRW 131,794,970,000 paid by the Plaintiff as the construction cost (i.e., KRW 117,102,530, and other advance payment of KRW 14,692,440,000) other than ① 48,205,030, and ② 222,740,960,000, paid by the Plaintiff on behalf of the Plaintiff.

arrow