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(영문) 서울북부지방법원 2018.04.10 2017가단20293
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 38,08,386 and the interest rate of KRW 15% per annum from September 12, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. On February 23, 2015, the Defendant (contractor) entered into a contract with the Plaintiff (contractor) and the Seoul Special Metropolitan City Nowon-gu Multi-Family Construction Corporation (hereinafter “instant construction”). The main contents are as follows.

Construction period: Contract amount of 4 months after the boundary surveying (1/100 per day): 170,000,000 (excluding value-added tax): Contract deposit: 30% (51,00,000), 30% (51,00,000), 30% at the time of completion permission, 30,000,000 when completion permission, and 38,000,000,000 at the time of the bank contract;

B. The boundary surveying stipulated in the “construction period” under the instant construction contract was completed on April 14, 2015.

C. The Defendant paid the Plaintiff KRW 102,000,000 as the construction cost of the instant case.

However, until August 14, 2015, the date of completion of the construction agreement of this case

The construction was suspended after only completion of the structure.

E. The Defendant asserted the payment of KRW 56,040,00 out of the liquidated damages for delay from August 15, 2015 to April 30, 2016, and KRW 56,840,00,000, which is the monthly rent for the Plaintiff’s oral promise. However, the instant adjudication division recognized the liquidated damages portion of KRW 11,730,000 for total 69 days from August 15, 2015 to October 22, 2015; the monthly rent amount of KRW 68,00,000,000, which is the Plaintiff’s automatic claim for construction payment; the Defendant’s claim for the damages amount of KRW 36,840,00,00,000, which is the Plaintiff’s automatic claim for compensation for delay from August 15, 2015 to April 30, 2017; and the Defendant’s claim for compensation for delay from KRW 205,37,010,015.7.

hereinafter referred to as “related final and conclusive judgment”.

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