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(영문) 대구지방법원 포항지원 2018.01.11 2015가합408
손해배상(기)
Text

1. The Plaintiff:

A. Defendant Bo Young-gu Co., Ltd.: (a) KRW 1,129,119,471 and its amount from November 11, 2017.

Reasons

1. Basic facts

A. The Plaintiff is an implementer who operates a district urban development project (hereinafter “instant project”) on a scale of 207,766 square meters in Northern-gu, Northern-gu, Seoul (hereinafter “Seoul-gu”), and Defendant Bo Young-gu and Defendant B entered into a contract with the Plaintiff on the instant project and entered into a construction project related to the instant project (hereinafter “instant construction project”).

B. On September 29, 2006, the Plaintiff entered into a contract under which the contract amount of the instant project was set at KRW 19,996,427,000 on the part of Defendant Bo Young-gu (hereinafter “instant contract”).

C. On June 8, 2007, the Plaintiff entered into a contract under which the contract amount of the instant project was set at KRW 24,000,000,000 (hereinafter “instant contract”) jointly with Defendant Bo Young-gu and Daedae Construction Co., Ltd. (hereinafter “Large-gu Construction”). While entering into the instant contract, the Plaintiff entered into the instant contract, and determined that the validity of the instant contract was lost.

On September 30, 2010, the Plaintiff entered into a contract to amend part of the instant contract to KRW 30,500,000,000, by changing the contract amount stipulated in the instant contract No. 2 into KRW 30,500,00.

E. However, on March 2, 2012, Large Name Construction was defaulted, and the Plaintiff terminated the instant contract concluded with Large Name Construction around March 15, 2012, and on August 6, 2012, the Plaintiff and the Defendants entered into a joint contract with the Defendants on the following terms (hereinafter “instant third contract”).

The name of the project: 30,500,000 won for the contract amount of the A District Urban Development Project - the amount at the time of authorization of the implementation plan (revision). The payment of progress payment shall be made every three months in advance (Article 18 of the General Conditions of the Contract): The rate of liquidated damages shall be applied every three months.

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