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(영문) 울산지방법원 2019.05.28 2017가단66338
손해배상(기)
Text

1. The Defendant: (a) KRW 94,118,300 for the Plaintiff and KRW 5% per annum from October 17, 2018 to May 28, 2019; and (b).

Reasons

1. Basic facts

A. On May 18, 2016, the Plaintiff entered into a contract. On May 18, 2016, the two-story neighborhood living facilities (hereinafter “instant building”) with the Defendant and Ulsanbuk-gu, Seoul (hereinafter “instant building”).

2) Construction work (hereinafter “instant construction work”)

2) The term “instant contract” (hereinafter referred to as “instant contract”)

2) The main contents of the instant contract are as follows.

The construction period: The payment of the construction price of KRW 360 million from May 19, 2016 to July 30, 2016: The first term is KRW 80 million after the completion of the structural works; the second term is KRW 50 million after the completion of the structural works; the third term is completed after the completion of the construction works; and the third term is 50 million after the completion of the construction works; 180 million out of the total construction price of KRW 360 million after the submission of the defective performance bond; and the defendant cannot claim the construction price as the lease deposit of the lessee under the lease contract for the new building;

In cases of delayed compensation: At least 1/100 of the contract amount per day of delay shall be paid to the plaintiff if the construction has not been completed within the contract period due to the defendant's reasons.

B. On August 10, 2016, the Plaintiff, the Defendant, and D entered into an interim settlement on the interim settlement of accounts on August 10, 2016, and the Plaintiff, D, each of which was before August 15, 2016, issued a written confirmation that the Defendant would pay KRW 120 million to the Defendant by September 10, 2016. (2) The Plaintiff paid KRW 135,303,300 as the construction price under the instant contract between June 21, 2016 and December 16, 2016, and KRW 157,303,300 in total to E, a stock company that received the instant claim for the construction price from the Defendant, and KRW 157,300,000 in total, until September 10, 2016.

3) Meanwhile, on December 1, 2016, the Defendant receives KRW 7 million from the Plaintiff as an advance payment and fails to complete the work by December 15, 2016, respectively, (hereinafter “each of the instant notes”) to compensate for the amount double the said amount (hereinafter “each of the instant notes”).

d.

The Defendant for approval of use did not complete the instant construction within the period of the instant contract, and on January 2017.

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