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(영문) 서울남부지방법원 2015.04.08 2014가단218706
손해배상(기)
Text

1. The Defendant’s KRW 9,204,274 as well as 5% per annum from June 6, 2014 to April 8, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is not a "C golf practice range" located in Pyeongtaek-si B operated by himself/herself, and the "the instant golf practice range" in this case.

C. On November 14, 2013, between the Defendant, the representative of the joint supply and demand organization, and the Gansung Elevator Co., Ltd., the representative of the joint supply and demand organization on November 14, 2013, the 11st elevator in the instant golf driving range is the contract of this case.

The contract amount of this case is as follows. The contract amount of this case is 38,060,00 won (including value-added tax): The payment period (including the date of establishment): January 31, 2014; the method and time of payment; the contract amount of 7,612,00 won (20%) under the conditions of payment; the contract amount of 22,836,000 won (60%) under the current term of carrying 22,836,000 won (60%) under the current term of carrying 7,612,00 won (60%) under the current term of delivery of inspection certificate of 10%; the defendant takes charge of installing elevators; (1) the defendant is liable for the delayed payment of damages to the defendant due to a natural disaster or other cause or cause not attributable to the plaintiff; and (2) the defendant is liable for the delayed payment of the total amount under the preceding paragraph (1) to the defendant.

B. On November 28, 2013, employees in charge of the Defendant visit the instant golf driving range and consulted with the Plaintiff before commencing the construction, and thereafter, the scheduled date for the completion of the structural frame is December 15, 2013; and the scheduled date for shipping materials into the Republic of Korea is January 20, 2014.

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