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(영문) 광주지방법원 목포지원 2018.11.09 2017가합280
손해배상(기)
Text

1. Defendant B, C, and F jointly share KRW 544,51,453 to the Plaintiff, as well as the Plaintiff’s share, from May 29, 2018 to November 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a project owner who intends to newly build accommodation facilities on the ground H in all-nam-U.S. H, and I Co., Ltd. (hereinafter “I”).

2) The Defendant Company and the Defendant Company B (hereinafter “Defendant Company”)

) The company is a company that entered into a new construction contract with the Plaintiff for accommodation facilities, and J is a new construction of access roads and site construction work for the said new construction of accommodation facilities (hereinafter “the instant access road construction”).

(2) Defendant C is the actual operator of Defendant C and the Defendant Company, and Defendant D and G are the shareholders of the Defendant Company (20%) and Defendant C and Defendant F, Defendant D and Defendant E are both husband and wife.

B. On May 13, 2016, the Plaintiff and I and the Plaintiff newly built accommodation facilities (hereinafter “instant construction”) as follows.

A) A contract for work was entered into with I, and accordingly, around May 27, 2016, KRW 396 million paid to I (i.e., KRW 360 million additional tax amounting to KRW 360,000,000,000.

1. Construction name: New construction of H accommodation facilities;

2. The construction site: The construction site shall be H and 3 lots of land in the south-gun of the Republic of Korea.

3. Date of commencement: May 20, 2016: The date scheduled for completion: October 30, 2016; the contract amount: 1,200,000,000 won (additional tax rate);

6. Contract bond: 360,000,000 won; 30%; and

7. progress payment: 480,000,000 won; 40% (after the completion of framework works).

8. Completion money: 360,000,000 won; 30% (payment within 15 days); 11. The rate of penalty for delay: 0.1%; 0.1%; 0.1%;

1. Construction name: New construction of H accommodation facilities;

2. The construction site: The construction site shall be H and 3 lots of land in the south-gun of the Republic of Korea.

3. Date of commencement: July 10, 201: The date scheduled for completion: December 20, 2016: 840,000,000 won (Additional Map).

6. Contract bond:

7. progress payment: 480,000,000 won;

8. Amount of completion: 360,000,000 won; 11. The rate of liquidated damages for delay: 0.1%: 0.1% delayed interest rate for delay: 0.1% on June 30, 2016, the Plaintiff, around June 30, 2016, again enters into a contract with the Defendant Company as follows:

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