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(영문) 수원지방법원성남지원 2016.08.19 2015가단219817
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) is jointly and severally liable to the Defendant (Counterclaim Plaintiff) for KRW 95,00,000 and its amount from November 13, 2015.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. On October 2014, the Plaintiffs and the Multisong Construction Co., Ltd. concluded a contract for the construction of multi-family housing (multi-family housing), contract amount of KRW 2.1 billion, civil engineering cost in the complex and incidental civil engineering, landscaping construction cost, separate date of commencement, May 2015, with the Plaintiffs as the contractor and the Multisong Construction Co., Ltd. as the contractor.

Since then, on January 26, 2015, Dai Construction Co., Ltd. submitted a letter of waiver of construction work to the plaintiffs to waive the said new construction work.

B. On February 9, 2015, the Plaintiffs and the Defendant concluded a contract (hereinafter “instant contract”) with a contractor and a contractor for the construction of a multi-household construction project (multi-family housing) with the content of the contract amount of KRW 1.488 billion (excluding value added tax), the civil construction cost and incidental civil engineering, landscaping construction, and the scheduled completion date, May 20, 2015; liquidated damages: 1/1000 (hereinafter “instant construction project”).

On the other hand, Article 15 of the Special Terms and Conditions of the Contract of this case shall be settled later.

(The remaining amount of the aggregate construction work shall be paid in advance by the defendant, so the construction cost shall be paid in advance).

C. On the other hand, the plaintiffs and the defendant prepared a contract agreement with the contract amount of 2.1 billion won and value-added tax separately for the submission of the instant construction to financial institutions.

1) As of February 2015, the Defendant, as of February 2, 2015, promises to complete the construction cost of the instant construction project to: KRW 2.1 billion; from February 20, 2015 to May 20, 2015, that the said construction is responsible for the said construction project within the construction period; and that the said construction is obliged to complete the construction and undergo the completion inspection (hereinafter “instant commitment to completion of the responsibility”).

(2) As of February 9, 2015, the Defendant prepared and delivered a written contract with the Plaintiffs, according to the terms and conditions of the contract and the written special agreement for estimate with the contractor.

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