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(영문) 인천지방법원 2015.09.04 2014가합9379
약정금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 315,00,000 and the interest rate thereon from July 15, 2015 to the date of full payment.

Reasons

1. Indication of claim;

A. On March 14, 2008, the Plaintiff entered into a construction contract with the Defendants to newly construct a three-story building on the land E (hereinafter “instant new building”) with the construction cost of KRW 635,00,000 between the Plaintiff and the Defendants (hereinafter “instant construction contract”).

B. Upon entering into the instant construction contract, the Plaintiff agreed that the remainder, except for the sum of KRW 300,000,000,000 in down payment and intermediate payment, shall be paid as security deposit from the lessee by leasing the instant new building to a third party.

C. The Plaintiff completed construction around August 2008 pursuant to the instant construction contract. On April 16, 2010, the Plaintiff obtained approval for the use of the instant new building, and the lessee of the instant new building occupies and uses the said new building.

However, up to now the Defendants paid the Plaintiff KRW 20,000,000 as part of the remainder of the down payment and intermediate payment under the instant construction contract, and did not pay the remainder of the construction cost of KRW 315,000,000 (i.e., total construction cost of KRW 635,000,000 - total construction cost of KRW 320,000).

E. Therefore, pursuant to Articles 196(1) and 170 of the Civil Procedure Act, and Article 161 of the Civil Act, the service of a copy of a complaint against Defendant B, as the joint contractor for the instant new building, jointly and severally against the Plaintiff, shall become effective from July 15, 2015, following the date on which the copy of the complaint was served on the Defendants as requested by the Plaintiff, pursuant to Articles 196(1) and 170 of the Civil Procedure Act, and Article 161 of the Civil Act, the service of a copy of the complaint against Defendant D shall become effective from July 14, 2015, respectively, pursuant to Articles 196(2) and 170 of the Civil Procedure Act, and Article 161 of the Civil Act, since the service of a copy of the complaint against the Defendants took effect from July 15, 2015

The damages for delay shall be paid at the rate of 20% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings until the date of full payment.

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