logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.10.16 2016가단135741
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 15,00,000 to the Plaintiff (Counterclaim Defendant) and its related amount from August 31, 2016 to October 16, 2018.

Reasons

1. Basic facts

A. On June 10, 2016, the Plaintiff and the Defendant (hereinafter “instant apartment”) registered as a business operator under the trade name of “C”, and prepared a written contract for the interior construction contract by determining the construction cost of KRW 105,000,000 on June 10, 2016 (25,000,000 intermediate payment, intermediate payment, KRW 50,000 on June 28, 2016, and KRW 30,000,000,000 after the completion of the remainder construction, and the period of construction as of July 25, 2016.

(hereinafter referred to as the “instant construction”) b.

On June 13, 2016, the Defendant remitted the total of KRW 75,000,000,000 as construction cost, and KRW 10,000,000 on June 14, 2016, and KRW 75,00,000 on June 28, 2016, to C’s account.

On July 24, 2016, the Plaintiff was removed from the construction site and thereafter the instant construction was suspended.

C. On July 27, 2016, the Plaintiff and the Defendant made an agreement on July 27, 2016 that “The main bank shall be 5000,000,000,000,000 (in the case of the upper board, natural or partitions tons), the wall and floor of the European Industrial Complex or the date of import of Italand, and attached houses shall be constructed as one sample, and the upper board and wall of the main bank shall be constructed as partitions (cost 2,00,000,000) with a white frame (cost 2,00,000,000), and the additional construction shall be sealed with a white frame (cost 1,00,000,000 won), and the Defendant shall deposit the construction cost of KRW 15,00,000,000, and the Plaintiff shall complete the construction work by August 10, 2016”

(hereinafter referred to as the “instant Additional Agreements”) D.

On August 22, 2016, the Defendant issued a peremptory notice of performance and notice of termination of the contract to the Plaintiff, stating that “The Plaintiff cannot perform construction work before receiving any balance on July 28, 2016, even though the Plaintiff constructed the instant additional agreement, different from the material or model designated by the Defendant, and the Construction Act,” and that “if the construction is not resumed within seven days, the contract will be terminated.”

On August 29, 2018, the Plaintiff entered the Defendant on August 31, 2018.

arrow