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(영문) 서울중앙지방법원 2014.06.25 2014가합548
손해배상(기)
Text

1. The Defendant’s KRW 340,000,000, and its annual amount from October 7, 2013 to February 11, 2014, respectively, to the Plaintiff.

Reasons

In fact, on December 28, 2006, the Plaintiff entered into a construction contract with the Korea-U.S. Co., Ltd. (hereinafter “Korea-U.S. C 2 complex construction contract with the following terms, with the Plaintiff’s bonds and possession acquisition amounting to KRW 51,783,518,000 of the construction cost of the Incheon-C 2 complex construction contract.

Article 9 (Contract Amount and Method of Payment) (5) of the General Conditions of the Construction Contract, notwithstanding any other provisions, A (Korean) shall pay all the obligations (such as construction cost, etc.) to B (Plaintiff) within three months after the completion of the construction (or the commencement date of designation of occupancy) and shall be exempted from payment guarantee (including part payment loan to the buyer).

Article 11 (Preservation of Claims) (4) Where A fails to repay all obligations to B, such as the construction cost, payment guarantee, overdue interest, etc., even after the lapse of 60 days from the completion of the construction (or the commencement date of designation of occupancy), A shall set the first collateral security right at the intervals of establishing the first collateral security trust for management and disposal of the unsold and unpaid apartment buildings and commercial buildings with the first beneficiary in relation to the instant project, or setting the amount of claims at the rate of ten percent with the maximum amount of claims.

(7) If Party A fails to pay the contract amount until the completion of the construction work, Party B may not deliver the object of the construction to Party A: Provided, That this need not apply to the relevant household where Party A pays the corresponding portion due to the occupancy in each household out of the balance of the construction cost after the completion of the construction work. (2) If Party A does not pay the construction cost in full after the completion of the construction work, Party B may take all legal measures to recover the construction cost.

Article 29 (Occupancy) (1) In cases of occupying a parcel-out purchaser, etc. who has purchased a building facility, A shall verify in advance whether the parcel-out price, interest, and late payment charge has been fully paid, and shall not allow a person who has not fully paid such price to move

(3) Contract construction costs;

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