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(영문) 대구지방법원포항지원 2019.02.21 2016가단105402
손해배상(기)
Text

1. The Plaintiff, Defendant B, Defendant C, and Defendant C, jointly and severally with Defendant B, KRW 46,903,186, out of the above money, and its amount.

Reasons

1. Basic facts

A. On November 25, 2015, the Plaintiff awarded a contract to Defendant B, on November 25, 2015, for the extended construction work (including the value-added tax) for the land-based neighborhood living facilities (the third floor; hereinafter “instant construction work”) outside and two parcels (the second floor”) outside Nam-gu, Nam-gu, and to pay the contract amount of KRW 15 million (including value-added tax), February 25, 2016, the rate of liquidated damages for delay 0.1%, the progress payment for delay 0.1%, and the progress payment for delay on January 2016.

(hereinafter “instant contract”). (b)

around November 26, 2015, Defendant C entered into a contract to guarantee Defendant B’s obligations under the instant contract.

C. After the instant contract, Defendant B received KRW 106,100,000 from the Plaintiff from April 9, 2016 (the KRW 63 million until January 18, 2016), KRW 5 million on April 22, 2016, KRW 5 million on April 25, 2016, and KRW 106,10,000 on April 27, 2016.

On the other hand, Defendant B failed to complete the construction before the completion date of the instant contract, and the Plaintiff and Defendant B drafted a letter as follows on April 9, 2016.

In each letter, on November 15, 2015, the owner of the instant contract under the renewal of the contract on April 9, 2016 shall pay the amount of KRW 5.5 million to Defendant B, and the future construction period shall be extended by April 22, 2016, and the extension work shall be completed during that period.

1. If the details of the letter are not known after completion of the period, the said letter shall be null and void and implement it as the instant contract drawn up on November 15, 2015;

2. 10 million won shall be paid to Defendant B after completion of the completion inspection.

4. Ascertainment that any content other than the content of the instant contract remains effective as it is.

E. Meanwhile, on February 5, 2016, between the Plaintiff and Defendant B, and the Plaintiff, Defendant E-Dong singinging lessee, written the following statements, and the Plaintiff paid KRW 1 million to F, on behalf of the Defendant B, for a penalty exceeding seven days in the course of performing the construction work by Defendant B.

It shall be operated normally by moving all existing facilities.

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