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(영문) 서울중앙지방법원 2019.10.02 2018나68393
지체상금청구에 관한 독촉
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows. The reasoning of this court citing the judgment of the court of first instance is as stated in the judgment of the court of first instance, except for the Plaintiff’s assertion “B” following, thereby citing it as it is in accordance with the main sentence of

【A. The Plaintiff’s assertion 1) In accordance with the instant agreement, the Plaintiff completed the external building works by January 21, 2017, by January 25, 2017, and by January 25, 2017, respectively; however, Defendant B requested to change the construction part into the Chinese carbon hub, and completed the said construction works on February 25, 2017.

2) However, since Defendant B delayed the payment of wage and material price, the Defendants are jointly and severally liable to the Plaintiff; from February 26, 2017 to June 14, 2017, the penalty for delay is KRW 54,500,000 for the period from June 14, 2017 (i.e., KRW 500,000 per day to KRW 109 days); and from April 27, 2017 to June 14, 2017, the penalty for delay is liable to pay KRW 14,70,000 for delay for the period from April 27, 2017 to June 14, 2017 (= KRW 300,000 per day to KRW 49).

2. If so, the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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