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(영문) 울산지방법원 2018.12.05 2017가합21745
손해배상(기)
Text

1. The defendant shall pay 1,150,000,000 won to the plaintiff and 15% per annum from May 5, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a company established to conduct housing construction business, etc. on May 17, 199, and the Defendant is a company established to conduct real estate development business, etc. on October 1, 2015.

B. On October 8, 2015, the Defendant concluded a contract with the Plaintiff for construction of officetels (hereinafter “instant construction”) on the ground of Ulsan-gu, Ulsan-gu (hereinafter “instant building”) to KRW 4.2 billion (value-added tax separate).

C. After that, on July 20, 2016, the Defendant concluded a modified contract with the Plaintiff on July 20, 2016 on the modification of the construction cost, etc.

(hereinafter referred to as “instant contract” if a term is referred to as “the instant contract,” and if only the said modified contract is referred to, “the instant modified contract.” The main contents of the instant contract are as follows.

The name of the construction project: The construction project site of this case: The contract price: from February 19, 2016 to October 31, 2017: the amount: 6,413,000,000 won (including value-added tax) for the payment terms of KRW 6,41,300,000 for the construction site of this case: The construction site of this case puts concrete into the vacant space, such as the fluor of the structure, at the time when the construction site of this case goes into a building of one story of 641,300,000,000 770,000,000 9,770,000,000 9 80,000,000,000, 80,000,000, 300,000, 80,000, 300, 800, 300, 00

D. On March 15, 2017, the Plaintiff sought payment of KRW 1,150,000 in total from the intermediate payment not paid until March 31, 2017 ( KRW 770,000 in the intermediate payment of KRW 770,00,00 in the intermediate payment of KRW 390,000 in the intermediate payment of the 9th floor of the 5th floor) on the ground that the Plaintiff completed the relocation of the instant building up to the 9th floor of the instant building. On the other hand, the Plaintiff sent a certificate of content to the Defendant that the Defendant would be deemed to have no intent to pay the unpaid intermediate payment if the said date is not paid by the said date, and that the above content certification reached the Defendant around that time.

(e).

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