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(영문) 수원지방법원 2019.06.28 2018나89831
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Recognition Date - The date of completion: August 28, 2017 - The total contract amount on September 17, 2017 / The total contract amount on September 17, 2017 (the construction amount) shall be paid at KRW 32,00,000.

1) Contract bond: 10% of the total contract amount shall be paid at the same time as the contract is concluded; 2) 40% of the total contract amount (12,800,000) shall be paid on August 28, 2017.

3) Contract mid-term balance: A 40% (12,800,000 won) of the total contract amount shall be paid as of September 10, 2017. 4) Contract balance: A balance (3,200,000 won) excluding the sum of the contract deposit, the cost of removal, and the contract balance (3,20,000 won) shall be paid in cash immediately after completion of the inspection.

Article 11 [Compensation for Delay] When the construction work is not completed within the completion period, "B (Defendant)" shall pay to "B (Plaintiff)" the amount calculated by multiplying the rate of compensation for delay (1/1,00) by the total contract amount by the number of days per delay (hereinafter referred to as "compensation for delay").

On August 25, 2017, the Plaintiff entered into a contract with the Defendant, a company aimed at performing interior construction business, etc., for the pet C and the second floor of Pyeongtaek-si, and entered into such contract with the Plaintiff, and the main text thereof.

Details are as follows:

B. The Plaintiff and the Defendant agreed to increase the construction amount to KRW 37,700,00,00 in addition to the supply and installation, etc., and to change the date of commencement to September 6, 2017 and the date of completion to September 27, 2017, respectively.

(hereinafter referred to as the “instant contract,” including the modified contents, and the construction resulting therefrom is referred to as the “instant construction”).

The Plaintiff paid KRW 35,130,000 to the Defendant on August 26, 2017, KRW 7,000,000 on September 6, 2017, KRW 7,080,000 on September 7, 2017, KRW 5,580,000 on September 5, 2017, KRW 4,50,000 on September 21, 2017, and KRW 7,770,00 on September 25, 2017, and KRW 35,130,000 on September 25, 2017.

The Defendant was unable to complete the instant construction before September 27, 2017, the completion date of the completion date of the relevant construction works, and completed the construction works on the spot without suspending the construction works on October 17, 2017. Accordingly, the Plaintiff entered into the instant contract on November 28, 2017 on the ground that the Defendant was unable to perform his/her duties.

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