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(영문) 인천지방법원 2019.12.13 2019가합50358
지체상금
Text

1. The Defendant’s KRW 111,170,860 to the Plaintiffs, as well as KRW 6% per annum from February 27, 2019 to December 13, 2019.

Reasons

In fact, on December 23, 2016, Plaintiff A, B, and E entered into a partnership agreement with Plaintiff A and B to operate a new house construction project on the ground of two parcels, including Plaintiff A and B’s share of 1/4, and the land E’s share of 1/2 and the land E’s share of 1/2 (hereinafter “instant land”).

Plaintiff

On June 30, 2017, A and B entered into a contract with the Defendant to contract the construction of a new apartment (hereinafter referred to as “instant construction”) with the Defendant for the construction of an apartment (hereinafter referred to as “instant construction”).

The main contents of the instant contract are as follows.

Construction Work Standard Contract

3. Construction period: The contract amount on February 4, 2018, which was completed on July 1, 2017, 2018: (a) the amount including value-added tax of KRW 2,365,00,000 (excluding value-added tax): The intermediate payment: (b) the payment for each process of construction (see special agreement) : The remainder of the payment for delay on October 10, 200, referring to the special agreement: 2/1,000: the interest rate for delay of the payment of the price: Article 25 of the General Conditions of 2/1,000 [Payments] (1) The contractor may immediately, after passing the completion inspection of the construction of the contractor, adjust the construction site, such as removing and removing surplus materials, wastes, temporary materials, etc., and request the contractor to pay the construction price.

(2) A contractor shall pay the contract price to the contractor simultaneously with the delivery of the object of contract unless otherwise stipulated.

(3) Where a contractor fails to pay the price by the due date for payment, the unpaid amount shall be paid by adding an interest calculated by applying the interest rate for delay in payment on the written contract (it may be applied upward considering the overdue interest rate level applied at the time of general loans from the Si medium bank) to the number of days from the day following the due date

Article 27 (Compensation for Delay) (1) When a contractor fails to complete construction within the deadline for completion, he/she shall apply the rate of compensation for delay in the contract to the contract amount by the number of days delayed.

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