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(영문) 서울남부지방법원 2016.04.28 2015가합108582
손해배상(기)
Text

1. The Defendant’s KRW 396,360,00 and the Plaintiff’s annual rate of KRW 5% from October 7, 2015 to April 28, 2016, and the following.

Reasons

1. Basic facts

A. The party’s relationship 1) C is the land of the land of the Goyang-gu, Yangyang-gu and eight lots (hereinafter “instant land”).

(1) A business that purchases and newly constructs multi-households on the land (hereinafter “instant business”).

A) Around May 2013, upon the aggravation of a financial situation, C agreed to provide the Plaintiff’s wife E with funds necessary for the said project, and to acquire the instant land and business in an adequate period. 2) The Defendant is a company that engages in housing construction, real estate sale and lease, etc., and F is the Defendant’s representative director and the actual operator of G (hereinafter “G”).

(b) Details of conclusion of construction contracts;

1. Name of construction: Multi-household housing construction works (12 households) in ancient cities;

2. Date of commencement: The scheduled date of completion on August 20, 2013: The contract amount on December 20, 2013: 1.8 billion won (the amount shall be paid separately from value-added tax, cash of 400 million won, and by four households of 43 square meters).

5. Advance payment: Payment of 50 million won in cash within five days after the commencement of the project.

6. Endd portion: Primary - Primary 50 million won for 30 days after the commencement - Primary 100 million won for 100 million won for 30 days (within 7 days after the completion of a pelvis - 4 billion won for 100 million won for 60 percent after the completion of a pelvis 60 percent (within 7 days) - 100 million won for 80 percent of the work type (within 7 days).

7. Compensation for delay: It shall be calculated by multiplying the contract amount by 1/1000 for each day of delay: Provided, That where the commencement has been delayed or the execution has been suspended due to any cause attributable to the contractor, where the work has been delayed due to the cause attributable to the contractor, where the work has been delayed due to the cause attributable to the contractor, where the work has been delayed due to force majeure, or where

8. Special Terms and Conditions: C and G shall cooperate in the business succession, registration, etc. of the business when E under a contract with C for the acquisition of the business in question, and E shall succeed to all the powers and obligations relating to this contract in accordance with the underwriting agreement between G and G on June 21, 2013.

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