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(영문) 서울중앙지방법원 2021.02.17 2018가합580776
손해배상(기)
Text

1. Of the instant lawsuits, KRW 150,167,50 and KRW 121,950 among the instant lawsuits and KRW 6% per annum from March 2, 2018 to November 23, 2018.

Reasons

1. Facts of recognition;

A. The instant contract and amendment contract 1) The Plaintiffs entered into a contract for construction works with the Defendant and the instant construction company (hereinafter “instant construction company”) on June 10, 2016, with respect to the construction period of 12 months following the completion of the destruction of underground base: the 6,400,000,000 won (excluding value-added tax): The timing and method of the 6,40,000 won (value-added tax) portion on the ground level on the ground level of 3 parcels of Seocho-gu Seoul, Seocho-gu and 3: The compensation for delayed payment once a month according to the weather rate: 1,100,000 per day (hereinafter “instant contract”).

On June 16, 2016: The date scheduled for completion on June 16, 2016: Contract amount on October 10, 2017: The contract amount: 6,742,450,000 completed amount: The prize rate for delayed payment once a month according to the base rate: the special condition for the construction contract per day.

5. A contractor shall pay the contractor all the construction cost, unpaid loans, and interest on loans in lump sum within 21 days after completion.

12. The completion date of the construction shall be the date on which the documents related to the completion of the construction (including all documents related to the completion of the construction, such as electricity, communication drainage, elevator, fire fighting, etc.) are collected and submitted to the design office.

2) While the instant construction is underway, the Plaintiffs and the Defendant entered into a contract to partially modify the terms and conditions of the contract, including the construction period, (hereinafter “instant modified contract”) on February 21, 2017, and the terms and conditions of the modified contract relating to the instant case are as follows.

B. Approval for the use of the instant apartment and real estate security trust agreement 1) The instant apartment was approved on December 6, 2017.

2) On December 20, 2017, the Plaintiffs are the truster, trustee, F, joint first priority beneficiary, F, G, H Co., Ltd., and joint second priority beneficiary as to the instant apartment on December 20, 201.

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