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(영문) 수원지방법원안산지원 2015.01.08 2013가합9274
위약금 등
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 83,969,00 and Defendant A with respect thereto from January 8, 2014; and Defendant B from January 2014.

Reasons

1. Basic facts

A. On December 21, 2012, the Plaintiff entered into a contract (hereinafter “instant contract”) with Defendant A, under which the Plaintiff entered into a contract with the said Defendant for the construction of hanok (hereinafter “instant construction”) as follows:

(c) Sound payment place: 305,50,000 won: 305,50,000 won (excluding value-added tax): Contract deposit: 91,650,00 won at the time of contract: 61,100,000 won at the end of the first intermediate payment: 61,100,000 won after the end of the second intermediate payment: 61,100,000 won at the end of the third intermediate payment (within 3 days) after the completion of the wall construction - The remainder of 61,10,000 won at the end of the third intermediate payment: 30,550,000 won after the completion of the wall construction (within 30 days after the completion of the construction): The date of commencement of the construction on December 22, 2012: Date of completion of the construction on July 30, 2013.

On February 1, 2013, the Plaintiff and Defendant A entered into a contract to partially modify the terms of the instant contract (hereinafter “instant modified contract”) as follows:

(c) Total amount of sound construction: 328,50,000 won (excluding value-added tax): 91,650,000 won at the time of the contract: Balance remaining after deducting the advance payment from the pre-payment expenses after completion - Special matters: The construction price may be pre-paid under mutual agreement at the time of the request for pre-payment with the purchase of hanok materials.

The date of commencement: February 1, 2013: The date of completion: July 30, 2013.

However, as Defendant A was unable to complete the instant construction project by July 30, 2013, which is the time limit for the said agreement, the Plaintiff urged the prompt completion of construction, and made an additional agreement with Defendant A on October 10, 2013 (hereinafter “instant additional agreement”), and Defendant B jointly and severally guaranteed Defendant A’s obligations under the instant additional agreement.

C. According to the Korea-style Housing Construction Contract concluded on December 21, 2012, Defendant A, who is a sound client and the beneficiary, agree to pay on October 2013 part of the remainder of the construction, as follows:

1. A beneficiary shall complete the hanok work by November 15, 2013;

4. Re-issuance of the date of completion of the hanok work ( November 15, 2013) by a recipient.

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