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(영문) 수원지방법원 2016.06.09 2015가합7025
채무부존재확인 등
Text

1. Class 1 and Class 2 neighborhood living facilities (total floor area of 540.62 square meters) on the ground level B between the Plaintiff and the Defendant in the eternic City.

Reasons

1. Basic facts

A. On March 10, 2014, the Plaintiff concluded the following construction contracts with the Defendant by awarding a contract to the Defendant for the construction of a new neighborhood living facility (hereinafter “instant building”) on the ground B (hereinafter “instant construction”).

1) The project cost as at July 31, 2014 (including value-added tax; hereinafter the same shall apply) shall be KRW 732,600,000 (excluding value-added tax; hereinafter the same shall apply) in the event that the completion date of the project is completed on March 2, 2014

(1) The method of payment: The balance of 135,00,000 won (within two weeks after a contract) : The rate of liquidated damages : 512,60,000 won (receiving after completion) : the defendant shall pay to the plaintiff an amount calculated by multiplying the contract amount by the rate of liquidated damages on the contract amount for each day of delay (Article 25 (1) 6 of the General Conditions of the contract) when the construction is not completed within the deadline for completion, if any loss occurs due to the rescission or termination of the contract, the other party may claim the compensation for such loss.

(Article 30, Section 2 of the General Terms of Contracts)

B. The Defendant failed to complete the instant construction project by July 31, 2014, the completion date of the relevant construction project.

【Reasons for Recognition】 Contents of Evidence Nos. 1 and 3-1 through 41; the purport of the whole video and oral pleadings

2. Judgment on the plaintiff's assertion

A. Since the Plaintiff paid KRW 500 million to the Defendant the instant construction cost, the Defendant’s claim for the construction cost against the Plaintiff remains at KRW 232,60,000 (= KRW 732,600,000 - KRW 500 million).

around June 30, 2014, the Defendant discontinued the instant construction and failed to complete the instant construction within the agreed completion date, and there is a defect in the part where the Defendant completed the construction.

In addition, due to the discontinuance and delay of construction by the defendant, the plaintiff suffered considerable loss in rent due to the failure to lease the 3 and 4th floor of the building in this case.

Accordingly, the plaintiff's claim for compensation for delay against the defendant 223,443,20 won, claim for damages in lieu of defect repair 243,150,000 won, and claim for damages equivalent to the rent 9,040.

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