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(영문) 부산지방법원 2016.04.28 2014가합16169 (1)
손해배상(기) 등
Text

1. Defendant (Appointed Party): (a) 218,400,000 won to the Plaintiff (Counterclaim Defendant) and its related thereto from December 13, 2014 to April 28, 2016.

Reasons

The principal lawsuit and counterclaim shall also be deemed to have been filed.

1. Basic facts

A. From around 2011, the Defendant (former trade name: D) temporarily suspended the said construction due to financial shortage while constructing a 9-story officetel on the land of 505.80 square meters in Busan Dong-gu, Busan (hereinafter “instant building”) (hereinafter “instant construction”).

B. On April 18, 2012, the Plaintiff entered into a contract with the Defendant on April 18, 2012, with the construction cost of KRW 428,00,000,000, advance payment of KRW 150,000,000,00 per day for delay compensation rate of KRW 0.1% of the construction cost per day and August 30, 2012 (hereinafter “instant contract”).

C. The Plaintiff paid the Defendant KRW 270,00,000,000 on April 18, 2012 as advance payment under the instant contract, and KRW 50,00,000 on May 31, 2012, and KRW 100,000 on the pretext of additional advance payment upon the Defendant’s request, and KRW 10,000,000 on August 23, 2012, and KRW 10,000 on September 10, 2012, respectively, paid the Defendant KRW 270,000,000 on the basis of the advance payment. However, the Defendant unilaterally suspended construction works under the condition that it performed 40% of the total construction works on September 2012.

On October 26, 2012, the Plaintiff rendered a favorable judgment to the Plaintiff that the Defendant would pay KRW 179,065,780 and delay damages to the Plaintiff in a damages claim suit filed against the Defendant on January 16, 2013, with the land of the instant building as the preserved claim (Seoul District Court 2012TTTTTT2087, hereinafter “instant provisional attachment”).

(Resan District Court 2012Gahap19157). (e)

On August 27, 2013, the Defendant entered into a housing supply contract with the purport of requesting the Plaintiff to cancel the instant provisional seizure and supplying the instant building 904 and 905 units of the instant building (hereinafter “instant agreement”) and prepared a housing supply contract.

On September 4, 2013, the Plaintiff’s debt against the Plaintiff is KRW 268,400,000.

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