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(영문) 수원지방법원 2015.11.19 2015나4600
지체상금
Text

1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is 6,146,00 won and 6,146,000 won.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is the owner of the member-gu C and D land located in Ansan-si (hereinafter “instant land”), and the Defendant is the representative director of the I Co., Ltd. who runs the construction business.

B. On July 29, 201, the Plaintiff entered into a contract with the Defendant for the construction of a detached house (hereinafter “instant building”) on the ground of the instant land (hereinafter “instant construction”) with respect to the construction of the instant building (hereinafter “instant construction”).

1. Date of commencement: 60,000,000 won for delay after completion of the project: 3/1,005 other matters: 30,005 for first-story housing and 20 square meters for second-class housing and 20 square meters for second-class housing after completion of the project; (a) advance payment of KRW 190,00,000 (not value-added tax): 50,000 for first-class housing (not value-added tax).

C. The Plaintiff and the Defendant filed a civil petition with the persons who set up Magdo farmer in the vicinity of the instant construction site, thereby delaying the instant construction project to the extent of two months until the completion of the probability of spreading.

At the time of the instant basic contract, the instant building was designed to be the second floor (prolong roof, 9.39 square meters, 2nd floor 6.83 square meters). The Plaintiff and the Defendant agreed to change the design to the third floor [the 19.92 square meters of slope roof, 19.92 square meters of floor, 2nd floor 101.5 square meters, 3rd floor 76.35 square meters of floor] during the construction process, and the construction cost was increased to 241,50,000 won.

E. The Defendant entered the instant construction commencement around October 2, 201, and the Plaintiff applied for permission to change the construction of the instant building on or around May 30, 2012 while the Defendant was doing the instant construction, and obtained permission to change the construction on or around July 11, 2012.

F. From June 21, 201 to March 5, 2012, the Plaintiff paid the Defendant a total of KRW 180,000,000 in connection with the instant construction work.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 5, Eul 2, 3, and 5.

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