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(영문) 수원지방법원여주지원 2014.01.24 2013가단5420
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) B and the Defendant C jointly and severally liable for KRW 57,255,000 against the Plaintiff (Counterclaim Defendant) and the aforementioned amount on April 2013.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On June 6, 2012, the Plaintiff is the owner of a new building on the parcel outside Gyeonggi-gun D, and Defendant B is the representative of Defendant E. The Plaintiff and Defendant B entered into a contract for civil and construction works on the construction of the said electric source house (hereinafter “instant contract”). The main contents of the instant contract are as follows.

On the other hand, the non-party F, the husband of the plaintiff (owner), was the owner's duty, and the defendant C, the father of the defendant B (contractor), was the joint and several sureties's duty.

(1) A construction period: A contract amount of June 8, 2012 to October 15, 2012 (Completion) (2):347,000,000 won (excluding value-added tax): 34,000 won (in addition to value-added tax): 34,000,000 won (in cash simultaneously with a contract, payment in cash) shall be paid twice a month.

(5) When Defendant B fails to complete the construction work within the deadline for completion, the amount calculated by multiplying the rate of the liquidated damages for delay (1/1,000) by the contract price (hereinafter “compensation for delay”) shall be paid to the Plaintiff by the number of days per delay.

Provided, That this shall not apply where a natural disaster, war, port closure, infectious disease, access limit for prevention of epidemics, or where it is delayed due to a cause not attributable to the defendant B.

(6) Cancellation of a contract by the Plaintiff (Article 23)

1. In any of the following cases, the Plaintiff may cancel or terminate all or part of the contract:

(1) Where Defendant B fails to commence the construction even after the date of commencement agreed upon without any justifiable ground; ② where it is evident that the construction is not likely to be completed within the completion date due to a cause attributable to Defendant B;

2. The cancellation or termination of a contract under paragraph (1) shall enter into force upon notification to the defendant B by specifying the reasons therefor;

(7) Defendant B-.

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