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(영문) 울산지방법원 2017.07.20 2016나4259
물품대금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

(a) Contract agreement on construction works;

1. Name of construction: Two units of construction works for constructing a multi-family house in Ulsan-dong, Ulsan-gu;

2. Place of construction: Ulsan-dong-gu D and E

3. Period of construction: From March 10, 2014 to August 12, 2014: The completion on March 27, 2014: Contract amount on August 12, 2014: KRW 601,200,000 for KRW 100,000 for KRW 10,000 for KRW 20,000 for KRW 20,000 for KRW 20.

5. Down payment: Mancheon (60,000,000).

6. 1) The timing and method of making the first progress payment for the portion in question (30% of the start payment): KRW 180,000 per day (180,00,000): KRW 30%) the second progress payment for the portion in question (30% at the time of completion of the structural foundation): KRW 180,000 per day, KRW 30,000,000 per day ( 20%) the remainder: KRW 61,200,000 per day, the interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior 20,00 won.

7. The period of warranty against defects shall be one year.

8. The rate of liquidated damages for delay: On March 9, 2014, the Defendant entered into a construction contract with the Ulsan-gu, Ulsan-gu, D and E to newly construct multi-family houses on the ground (hereinafter “instant construction contract”). The main contents are as follows:

B. (1) In accordance with the instant construction contract, the Defendant paid C KRW 420 million in total, in the amount of KRW 180 million for the first completed portion on March 11, 2014, ② KRW 180 million for the second completed portion on March 28, 2014, ③ KRW 180 million for the second completed portion on May 23, 2014.

(2) On July 17, 2014, C prepared a letter to the Defendant stating that “A promised to thoroughly perform the construction work for D and E newly built works, and would compensate for the legal delayed compensation when the construction period is completed within the construction period.” However, the said new multi-family house construction was delayed later.

(3) As between September 201 and October 10, 2014, the Defendant issued to C a certificate of content to require C to complete the construction as soon as possible.

C. The Plaintiff and the Defendant’s construction contract (1) The Plaintiff subcontracted the portion of the unclaimed construction in the construction of the above multi-family house from C to the construction site of the above multi-family house from May 2014.

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